MOHAN Vs. STATE

JUDGEMENT

(1.) THESE two appeals have arisen from the judgment of the learned I Additional Sessions Court, Madras, in S.C.No.232 of 1996, whereby the appellants who were ranked as A-1 and A-2 respectively, stood charged, tried and found guilty as follows:

(2.) THE short facts necessary for the disposal of these appeals can be stated thus:

(3.) ADDED further the learned Senior Counsel that the main accused in the case was Shankar @ Auto Shankar that the main accused Shankar, Eldin, Shivaji and five others were tried separately by the Principal Court, Chengleput, since the case was split up in respect of the appellant who escaped from the prison that out of this 8, Shankar, Eldin and Shivaji were awarded death sentence by the trial Court that the same was confirmed by the High Court that on appeal, the Supreme Court confirmed the sentence of death to Shankar and Eldin while the death sentence awarded to Shivaji was modified to life imprisonment that as far as the accused Shivaji was concerned, there was no consecutive life imprisonment for any of the murder that he was simply to undergo 14 years in the prison and thereafter on remission given by the Government, he was released that in all aspects as to the involvement, allegations and overt acts attributed to the appellant Mohan were similar to that of Shivaji, and hence he has got to be given set off under Sec.428 of Cr.P.C. which has been specifically denied by the trial Court and concurrent running of the life sentence.