MURALI Vs. STATE

JUDGEMENT

(1.) THE appellants are accused Nos.1 and 2 in Sessions Case No.108 of 1999 on the file of Additional Sessions Judge, Fast Track Court, Kancheepuram and they have challenged the conviction and sentence imposed on them by the Trial Court for various offences.

(2.) THE learned counsel for the appellants and the learned Government Advocate (Crl. Side) filed independent memos stating that the second appellant died on 24.12.2007 and they have also enclosed the original death certificate of the second appellant. THE Memos are recorded. THE Appeal insofar as second appellant is concerned abates.

(3.) THE learned Additional Sessions Judge held that the charges framed against accused No.1-Murali under Sections 307, 323 (P.W.2), 323 (P.W.3) and 323 r/w 34 (2 counts) (P.Ws.5 and 6) are not proved and the charges framed against accused No.2 under Sections 307, 323 (P.W.3) and 323 (2 counts) (P.Ws.5, 6) are not proved and acquitted them of the said charges. THE Trial Court also held that the charge under Section 302 r/w 34 IPC framed against accused Nos.1 and 2 is not proved and accused No.2-Chinnayan is not guilty of the charge and at the same time, the offence committed by accused No.1-Murali would fall under Section 304 (ii) IPC and he is guilty of the same and accused No.1-Murali is also guilty of the charges under Sections 506(ii), 323 (P.W.4), 354 (P.W.4), 326 (P.W.5) and 323 r/w 34 IPC (P.W.1) and 324 (2 counts) (P.W.6 and P.W.1) and convicted him for the said offences and sentenced him to undergo seven years Rigorous Imprisonment for the offence under Section 304(ii) IPC and sentenced him to undergo two years Rigorous Imprisonment for the offence under Section 506(ii) IPC and imposed a fine of Rs.500/-, in default, to undergo Rigorous Imprisonment for two months for the offence under Section 323 IPC and sentenced him to undergo two years Rigorous Imprisonment for the offence under Section 354 IPC and sentenced him to undergo three years Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default, to undergo 6 months Rigorous Imprisonment for the offence under Section 326 IPC and further sentenced him to pay a fine of Rs.500/-, in default, to undergo Rigorous Imprisonment for two months for the offence under Section 323 r/w 34 IPC and sentenced him to undergo one year Rigorous Imprisonment each for the offence under Section 324 IPC (2 counts) and ordered the sentences to run concurrently. THEre is no need to refer to the conviction and sentence imposed on accused No.2 since the appeal abates in so far as he is concerned.