GANESAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL Revision Cases are filed under sections 397 and 401 Cr.P.C to set aside the order of conviction passed by the Additional/Assistant Sessions Judge, Nagapattinam in S.C.No.124 of 2003 dated 12.4.2004 and partly modified by the District and Sessions Judge, Nagapattinam in C.A.No,51 of 2004 dated 3.11.2004.) The petitioner in Crl.R.C.No,2054 of 2005 is ranked as A1 and the petitioner in Crl.R.C.No,2055 of 2004 is ranked as A7. The Trial Court convicted the first accused for offences under sections 148, 341, 307 of the Indian Penal Code and sentenced him to undergo two years simple imprisonment, one year simple imprisonment and three years rigorous imprisonment respectively. The Trial Court convicted the 7th accused for offences under sections 147, 341 and 323 of the Indian Penal Code and sentenced him to undergo one year simple imprisonment each and also convicted him under section 307 read with section 149 of the Indian Penal Code and sentenced him to undergo two years rigorous imprisonment. The appellate court modified the conviction recorded and sentence imposed and convicted the first accused for offence under section 307 of the Indian Penal Code and sentenced him to undergo three years rigorous imprisonment and also convicted him for offence under section 324 of the Indian Penal Code and sentenced him to undergo one year rigorous imprisonment and convicted the 7th accused for offence under section 323 of the Indian Penal Code alone and sentenced him to undergo three months simple imprisonment.

(2.) ON the side of the prosecution, 18 witnesses were examined, nine documents were marked and four material objects were marked. Neither oral nor documentary evidence was let in on the side of the defence.

(3.) THOUGH the Trial Court was pleased to convict the first accused for offences under sections 148, 341 and 307 of the Indian Penal Code and the 7th accused for offences under sections 147, 341, 323 and 307 read with section 149 of the Indian Penal Code, the appellate court chose to modify the conviction and convicted the first accused for offence under sections 307 and 324 of the Indian Penal Code and sentenced him to undergo three years and one year rigorous imprisonment respectively and convicted the 7th accused for offence under section 323 of the Indian Penal Code alone and sentenced him to undergo three months simple imprisonment.