(1.) THIS appeal has arisen from the judgment of the District and Sessions Division, Tiruvannamalai made in S. C. No. 80 of 2005, whereby these appellants along with two others stood charged, tried and found guilty as follows: on trial, A-1 was found guilty under Sections 148, 302 (2 counts) and 324 IPC and sentenced to undergo one year RI and to pay a fine of Rs. 3000/-, in default to undergo 3 months RI, life imprisonment for each count and to pay a fine of Rs. 10000/- each, in default to undergo 6 months R. I each and one year R. I and to pay a fine of Rs. 1000/- in default to undergo one month RI respectively. A-2 was found guilty under Sections 148 and 302 IPC and sentenced to undergo one year R. I. and to pay a fine of Rs. 3000/-, in default to undergo 3 months RI and life imprisonment and to pay a fine of Rs. 10000/-, in default to undergo 6 months R. I. respectively. A-4 was found guilty under Sections 147, 323 and 302 r/w S. 149 IPC and sentenced to undergo 6 months RI under Section 147 IPC, fine of Rs. 500/-, in default to undergo one week RI under Section 323 IPC and life imprisonment and to pay a fine of Rs. 10000/-, in default to undergo 6 months RI under Section 302 r/w S. 149 IPC. A-5 was found guilty under Sections 147 and 302 (2 counts) IPC and sentenced to undergo 6 months RI and life imprisonment for each count and to pay a fine of Rs. 10000/-, in default to undergo 6 months RI each respectively. A-6 was found guilty under Sections 147, 302 r/w S. 149 and 324 IPC and sentenced to undergo 6 months RI, life imprisonment and to pay a fine of Rs. 10000/-, in default to undergo 6 months RI and one year RI and to pay a fine of Rs. 1000/-, in default to undergo one month RI respectively. A-8 was found guilty under Sections 147, 323 and 302 r/w S. 149 IPC and sentenced to undergo 6 months RI, fine of Rs. 500/-, in default to undergo one month RI and life imprisonment and to pay a fine of Rs. 10000/-, in default to undergo 6 months RI respectively. Pending trial, A-3 and A-7 died and hence the case against them became abated.
(2.) THE short facts necessary for the disposal of this appeal can be stated thus:
(3.) THE case was committed to the court of Sessions and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined 14 witnesses and also relied on 28 exhibits and 15 M. Os. On completion of the evidence on the side of the prosecution, all the accused were questioned under Section 313 Cr. P. C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which they flatly denied as false. No defence witness was examined. The trial court, after hearing the arguments advanced and also looking into the materials available, has found the appellants guilty as stated above and awarded punishments as referred to above. Under these circumstances, this appeal has arisen at the instance of the appellants.