ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR) Vs. SANKARANARAYANAN

JUDGEMENT

(1.) The Reference, R.T. No.1 of 2017 is made by the learned II Addl. District & Sessions Judge (PCR), Tirunelveli, seeking confirmation of the death sentence, while C.A. No.222 of 2017 is filed by the accused/appellants in S.C. No.144 of 2016 challenging the conviction and sentence imposed upon them. The reference as well as the appeal are disposed of by the following common judgment.

(2.) The accused were tried before the learned II Addl. District & Sessions Judge for the following charges:-

(3.) The allegation made against the accused is that on 13.05.2014, at about 11.00 a.m., A-1 attacked the deceased with aruval indiscriminately and insulted her by calling her by caste name and A-2, while insulted the deceased by calling by her caste name, instigated A-1 to cut any person, who tried to intervene in the transaction and A-1 insulting the witnesses by callingthem by their caste name, threatened them with dire consequences if they try to prevent him from carrying on the attack on the deceased and after inflicting injuries on the deceased, the accused fled away from the scene of occurrence in a motorcycle bearing Regn. No.TN-58-V-7283. On being found guilty, A-1 and A-2 were convicted and sentenced under various Sections of the Indian Penal Code as also under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST (PoA) Act'), as under :-