KALIAMMAL Vs. STATE

JUDGEMENT

(1.) THIS appeal arises against the conviction and sentence delivered in the Court of Sessions Judge. Ootacamund, in S.C.No. 24 of 1986. Out of the 13 accused, the Sessions Judge found accused No. 1 guilty under Section 147 Indian Penal Code, thereby sentencing her to undergo Rigorous Imprisonment for one year, found her guilty under Section 451 I.P.C. and sentenced her for rigorous imprisonment for one year and also to pay a fine of Rs.100/ -, found her guilty under Section 324, read with Section 149 I.P.C. (two counts) and sentenced her to undergo rigorous imprisonment for one year under each count, found her guilty under Section 365I.P.C. and sentenced her to rigorous imprisonment for two years, found her guilty under Section 506 Part - II I.P.C. and sentenced her to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 100/ -. Accused No.2 was found guilty under Section 147 I.P.C. and 451 I.P.C. and similar sentence was imposed on him as that of Accused No. 1. A -2 was also found guilty under Section 365 I.P.C. and was sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 100/ -. He was also found guilty under Section 506 Part II I.P.C. and sentenced to undergo rigorous imprisonment for two years. Accused Nos. 3 and 5 were also found guilty under Section 365 I.P.C. and they were sentenced to undergo rigorous imprisonment for two years and also to pay a find of Rs. 100/ - each. Accused No. 10 was found guilty under Section 148 I.P.C. and sentenced to undergo Rigorous Imprisonment for 1 -1/2 years, was found guilty under Section 451 I.P.C. and sentenced under Rigorous Imprisonment for one year, and also a find of Rs.100/, and was found guilty under Section 324 I.P.C. and was sentenced to undergo rigorous imprisonment for one year (two counts). The remaining accused were acquitted. Challenging the abovesaid conviction and sentence, accused Nos. 1. 2, 3, 5 and 10 have preferred this appeal.

(2.) THE facts leading to the accusation and conviction are in short as follows: -

(3.) ON the night of 23.1.1984 P.W.2 was sleeping in his room in the downstairs. P.W.3 had gone to a cinema and the servant maid P.W.4 and her children were sleeping in the kitchen. At about 9:30 p.m., P.W.3 came to the house, after the cinema was over. After taking a cup of milk, he went to his bed room in the upstairs and slept there. At about 1.30 or 2 am. (24.1.1984), P.W.3 felt as if somebody was pressing his body and nose. Then he suddenly opened his eyes he saw accused Nos. 1 and 2 holding his legs and accused No.3 pressing his hands. One Paramasivam, the absconding accused was pressing the nose of P.W.3 with a white cloth which smelt chloroform. However P.W.3 managed to get up. P.W.2 who was lying in the bed room in the downstairs, heard noise from the room of P.W.3. Therefore P.W.2 came out of his bed room and tried to go to the upstairs. At that time P.W.2 heard the noise of P.W.4 from the kitchen. However, P.W.2 ran to the upstairs. At that time two or three men were running down from the upstairs. But P.W.2 did not know them. There, P.W.2 saw accused Nos.5 and 6 in the Pooja room. Thereafter P.W.2 entered the bed room of P.W.3, where he saw sister accused No. 1, accused Nos.2,3,4 and 10 and accused No. 10 had an iron rod in his hand. At that time accused Nos. 1 and 2 said. immediately accused NO. 10 gave a blow on the head of P.W.2. On receipt of the blow on the head and also on smelling chloroform P.W.2 lay on the floor. On the abovesaid instruction of accused Nos.1 and 2, Accused No. 10 also gave a blow on the head and face of P.W.3, The iron rod used for assaulting both P.Ws. 2 and 3 is M.0.1. Thereafter, P.W.2 was dragged to the downstairs and put in a car bearing Registration No. T.N.N. 1008. P.W.3 was also taken into the car and put along with P.W.2. The car was started by accused No.5. In that car along with P.Ws. 2 and 3, Accused Nos.1, 4, 5 and the absconding accused Paramasivam were also seated. The car was taken to the factory where another car had been stationed and accused No. 1 and other accused entered, the other car. From that place both the cars were taken and during travel chloroform was administered to P.W.2 and P.W.3. During the travel, accused No. 1 said ''"