RAJINI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE appeals arise out of a common judgment dated 12. 7. 2005 passed by the learned VII Additional Sessions Judge, Chennai (in-charge III Additional Sessions Judge, Chennai) in Sessions Case No. 223 of 2004 convicting each of the appellants/a-1, A-2 and A-4 for the offence under Sections 147 and 302 IPC and convicting the appellant/a-3 for the offence under Sections 147 and 302 read with 149 IPC and sentencing each of the appellants/a-1, A-2 and A-4 to one year rigorous imprisonment for the offence under Section 148 IPC and to life imprisonment and also to pay a fine of Rs. 5,000/-, in default to one year rigorous imprisonment for the offence under Section 302 IPC. Likewise, appellant/ A-3 was also sentenced to six months rigorous imprisonment for the offence under Section 147 IPC and to life imprisonment and also to pay a fine of Rs. 5,000/-, in default to one year rigorous imprisonment for the offence under Section 302 r/w 149 IPC. The sentences were ordered to run concurrently. Challenging the above conviction and sentence, the present appeals have been preferred by the appellants.

(2.) A-5 to A-7, who were tried along with the appellants, were convicted for the offence under Section 148 IPC and each was sentenced to one year rigorous imprisonment and they have not preferred any appeal before this Court.

(3.) INITIALLY six accused namely, A-1 to A-6 were tried in S. C. No. 223 of 2004. As the seventh accused was absconding, the case in respect of A-7 was split up and tried separately in S. C. No. 224 of 2004. However, as the trial in respect of both the cases related to one occurrence, the learned Sessions Judge tried A-7 also along with A-1 to A-6 in respect of the charges framed against them and convicted each of them for the offences as stated above.