ASHOK KUMAR AND OTHERS Vs. THE STATE OF TAMIL NADU REP. BY THE INSPECTOR OF POLICE, MUDUKULATHUR, RAMANATHAPURAM DISTRICT.

JUDGEMENT

(1.) 15 out of 32 accused who were tried for various offences and convicted and sentenced on various counts by the learned Additional Sessions Judge, Ramanathapuram at Madurai in S.C. No. 74 of 1987 by judgment dated 7.12.1987 have filed these two criminal appeals challenging their conviction and sentences.

(2.) Appellants in Criminal Appeal No. 776 of 1987 were accused Nos. 6, 8, 9 and 10, whereas, accused Nos. 1 to 5, 7, 11, 12, 15, 16 and 18 have filed Criminal Appeal No. 778 of 1987.

(3.) 32 accused were tried by the learned Additional Sessions Judge, Ramanathapuram for offences alleged to have been committed on 30.7.1985. The learned Additional Sessions Judge framed charge under Sec. 147 of the Indian Penal Code against A. 3 to A. 11, A. 13, A. 14, A. 17, A. 19 and A. 32 for being members of unlawful assembly for rioting, under Sec. 148 of the Indian Penal Code against A. 1, A. 2, A. 12, A. 15, A. 16 and A. 18 for being members of an unlawful assembly armed with deadly weapons. He has framed charge under Sec. 302 read with 149 of the Indian Penal Code against all the 32 accused for their constructive liability for murder of Koodalingam in furtherance of their common object, lastly under Sec. 307 read with 149 of the Indian Penal Code against all the accused for the constructive liability for attempt to murder of P.W. 1 Muthukrishnan in furtherance of their common intention. He has convicted A. 1, 2, 12, 15, 16 and 18 under Sec. 148 of the Indian Penal Code and sentenced each one of them to undergo rigorous imprisonment for two years. Similarly, A3 to A. 11 were convicted under Sec. 147 of the Indian Penal Code and sentenced each one of them to undergo rigorous imprisonment for two years. Accused No. 1 to A. 12. 15, 16 and A. 18 were found guilty under Sec. 302 read with 149 of the Indian Penal Code and each one of them has been sentenced to undergo imprisonment for life. A. 5 to A. 9 were found guilty under Sec. 323 of the Indian Penal Code and each one of them was sentenced to undergo rigorous imprisonment for one month. He has directed that all the sentences should run concurrently. The remaining accused have been acquitted.