ARJUNAN S/O MUTHAYAN; GOPALAN S/O KOCHUPILLAI; CHELLASAMY S/O SELVAMONY AND ALANGAMONY S/O MADASAMY Vs. STATE

JUDGEMENT

(1.) This judgment shall govern the above three criminal appeals, namely, Crl. A. (MD) Nos. 175, 320 and 400 of 2005. The appellants in Crl.A. No. 175 of 2005 are accused Nos. 1 and 4, the appellant in Crl.A. No. 320/2005 is accused No. 3 and the appellant in Crl.A. No. 400/2005 is accused No. 2 in the Sessions Case No. 226 of 2002 on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. One of the accused by name Appadurai, involved in the case, was absconding and therefore the case was split up and the trial went on in S.C. No. 226/2002 in respect of the above accused alone. These four accused stood charged, tried and found guilty by the trial court as under: Accused No. Charge Conviction and setence Accused 1 to 4 Under Section 120-B IPC All the accused found guilty, but no separate sentence was imposed. Accused 1 to 4 Under Section 147 IPC All the accused found guilty and each of them were sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 100/-, in default to undergo one month rigorous imprisonment. Accused 1 to 4 Under Section 364 IPC All the accused found guilty and each of them were sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 100/-, in default to undergo one month rigorous imprisonment. Accused 1 to 4 Under Section 302 r/w 149 IPC All the accused found guilty and each of them were sentenced to undergo life imprisonment and to pay a fine of Rs. 100/-, in default to undergo one month rigorous imprisonment. Challenging the above stated conviction and sentence, the appellants have filed these appeals.

(2.) The short facts necessary, sans unnecessary facts, for the disposal of the appeal can be stated thus:

(3.) The case was committed to the Court of Session and necessary charges were framed. To substantiate the charges levelled against the accused, the prosecution marched 17 witnesses as P.Ws.1 to 17 and relied on Exs.P-1 to P-17 as well as M.Os.1 to 5. On the completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused denied them as false. No defence witness was examined. On completion of the evidence, the trial court heard the arguments advanced on either side and took the view that all the accused/appellants committed the offence alleged against them, convicted and imposed the sentences as referred to earlier. Hence, these appeals at the instance of the appellants.