VETRIVEL MURUGAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has arisen from the judgment of the additional Sessions Division, Ramanathapuram, made in S. C. No. 16/96 whereby all the appellants in this appeal, ranked as A-1, A-2, A-4, A-5 and A-7 respectively, along with others who were ranked as A-3, A-6 and A-8 to A-19, stood charged and tried for the following offences. I. A-3 and A-14 to A-21 " Under Sec. 147 of I. P. C. II. A-1, A-2 and A-4 to A-13 " under Sec. 148 of i. P. C. III. A-1, A-2 and A-4 to A-13 - under Sec. 302 read with 34 of I. P. C. IV. A-6 and A-14 " under Sec. 323 of I. P. C. V. A-7 to A-13 " under Sec. 302 read with 34 of i. P. C. VI. A-2 " under Sec. 324 of I. P. C. VII. A-6 " under Sec. 427 of I. P. C. VIII. A-3 and A-6 to A-21 " under Sec. 302 read with 149 of I. P. C. IX. A-1 to A-6 and A-14 to A-21 " under Sec. 302 read with 149 of I. P. C.

(2.) ON trial, these appellants were found guilty under sec. 147 of I. P. C. and awarded Rigorous Imprisonment for one year along with a fine of Rs. 500/- and default sentence and also found guilty under Sec. 148 of i. P. C. , for which they were directed to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 500/- with default sentence. They were also convicted by the trial Court under Sec. 302 read with 34 of I. P. C. (two counts)and awarded life imprisonment (two counts) along with a fine of Rs. 1,000/- and default sentence, while all other accused namely A-3, A-6 and A-8 to A-19, were acquitted of all the charges.

(3.) IN order to substantiate the charges levelled against the accused, the prosecution marched 19 witnesses and also relied on 25 exhibits and 11 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec. 313 of Cr. P. C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. No defence witness was examined. On completion of the evidence, the trial Court heard the arguments advanced on either side, found A-1, A-2, A-4, A-5 and A-7 guilty and awarded punishment as referred to above, while acquitted A-3, A-6 and A-8 to A-19. Hence, this appeal before this Court. Pending the appeal A-5 died.