PATTU @ PATTURAJ AND ORS Vs. STATE

JUDGEMENT

(1.) Totally 22 accused were arrayed in Sessions Case No. 104 of 2006 on the file of the learned Additional Sessions Judge (Fast Track Court No. I), Thoothukudi and they stood charged for the offences as detailed below:

(2.) On completion of trial, the trial Court found guilty, convicted and sentenced Accused-1 to 10 to undergo three months rigorous imprisonment for the offence under Section 148 IPC; Accused-1 to 10 each to undergo imprisonment for life and also to pay a fine of Rs. 5,000/-, in default to undergo three months rigorous imprisonment for the offence under Section 302 r/w 149 IPC. In addition to the above, Accused-1 was also sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo two months rigorous imprisonment for the offence under Section 324 IPC and all the sentences were ordered to run concurrently. However, the trial Court acquitted Accused-1 to 10 in respect of the other charges and acquitted Accused-11 to 22 of all the charges framed against them. Questioning the conviction and sentence, Accused-1 to 5 & 7 to 9 have preferred Criminal Appeal (MD) No. 415 of 2007, Accused-6 has preferred Criminal Appeal (MD) No. 430 of 2007 and Accused-10 has preferred Criminal Appeal (MD) No. 467 of 2007.

(3.) The case of the prosecution as placed before the trial Court is as follows: