NALLATHAMBI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Cuddalore made in S.C.No.197 of 2004, whereby this appellant shown as A-2 along with two others, shown as A-1 and A-3, stood charged as follows A-2 - Sections 148, 341, 302 r/w S.149 and 201 r/w S.109 IPC A-1 and A-3 - Section 302 r/w S.109 IPC. On trial, A-2 was found guilty under Sections 148, 341 and 302 r/w S.149 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5000/-, in default to undergo S.I. for six months under Section 302 r/w S.149 IPC, R.I. for six months and also to pay a fine of Rs.500/-, in default to undergo S.I. for three months under Section 148 IPC and R.I. for one month and also to pay a fine of Rs.500/-, in default to undergo S.I. for one week under Section 341 IPC and the sentences were ordered to run concurrently. A-2 was acquitted of the offence under Section 201 r/w S.109 IPC and A-1 and A-3 were acquitted of the charge levelled against them. Hence this appeal at the instance of the second accused.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus:

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.