SETTU Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the Trial court against the accused A1 to A3, A5,a6,a10 to A14 u/s. 147,148,323,324,325,336,302,302 r/w. 149 I. P. C as follows: accordingly the lower court committed and sentenced A1,a5,a6 and A10 to undergo life imprisonment with fine of Rs. 3000/- in default to suffer rigorous imprisonment for three months u/s. 302 I. P. C; to undergo one year rigorous imprisonment for each for each of the offences u/s. 147 and 323 I. P. C. As against a2 to undergo life imprisonment and to pay a fine of Rs. 3000/- and to undergo rigorous imprisonment for 3 months for the offences u/s. 302 r/w. 149 I. P. C and to undergo rigorous imprisonment for one year each for the offences u/s. 148,323 (2 counts), one year (each count) and 324. I. P. C. As against A3 to undergo life imprisonment and pay a fine of Rs. 3000/- in default to suffer rigorous imprisonment for three months for the offence u/s. 302 r/w. 149 I. P. C and to undergo one year rigorous imprisonment for each of the offence u/s. 147 and 323 i. P. C and also to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for three weeks for the offence u/s. 325 I. P. C. As against A11 to A14 and to undergo life imprisonment and to pay a fine of Rs. 3000 in default to suffer rigorous imprisonment for three months for the offence u/s. 302 r/w. 149 I. P. C and to undergo rigorous imprisonment for one year for the offences u/s. 147 and 323 I. P. C. and all the sentences are directed to run concurrently.

(2.) THE case against A1 to A15 was taken on file by the Sessions court and after a full fledged trial, all the accused were acquitted on 05. 09. 2003 and aggrieved by the said judgment of acquittal, P. W. 2,wife of the deceased Ravichandran had preferred revision in Crl. R. C. No. 1747/2003 in which this court had confirmed the acquittal against A4,a8,a9 and A15 and set aside the acquittal of A1 to A3, A5 to A7, A10 to A14 and ordered de-novo trial of those accused. Accordingly the lower court conducted the de-novo trial against A3,a5 to A7, A10 to A14 and pronounced the judgment of conviction and sentence against the accused as stated above. Aggrieved by the conviction and sentence passed by the Trial court, the accused A1 to A3, A5, A6, A10 to A14 have preferred the present appeal.

(3.) THE gist of the case would be as follows:-On 27. 04. 2000, at about 16. 00 hours in Kunnam main road, A1 to A15 armed with deadly weapons unlawfully assembled to cause the murder of the witness jayaveeran due to previous enmity and assaulted the witness Jayaveeran with wooden log on his head and caused grievous injuries and when the deceased ravichandran intervened to stop the clash, A1 assaulted on the head of ravichandran with wooden log and A5 assaulted him with reaper on his right eye brow, A6 kicked him with his leg, A7 assaulted him with reaper on his left leg and A8 pelted the stones on his left shoulder, right forehead and right hand. A10 stabbed him with hand on his nose and caused injuries to the said ravichandran. A11 assaulted Jayakodi wife of Ravichandran when she intervened to stop the clash and he attacked on her head with wooden log. A2 assaulted her with wooden log on her leg. A13 also assaulted her with wooden log on her right hand and caused simple injuries. When the witness Subramanian intervened to stop the clash A2 assaulted him with wooden log on his left shoulder, A3 assaulted with wooden log on his head, A7 assaulted on his left rib with wooden log, A6 assaulted him with hand on his back and A7 assaulted him on his right hand, left thigh, leg with the wooden log. A10 assaulted him with his hand on his chest and caused injuries to him. When the sister of Jayakodi namely Latha came to intervene and end the clash, she was assaulted by A2 with wooden log on her leg. A4 assaulted her with wooden log on her chest. A14 assaulted on her left leg with wooden log. A15 pelted stone on her right hand shoulder and caused injuries. By such activities, A1 to A15 have committed the offences punishable u/s. 147,148,149,323,324,336,325,307 and 302 I. P. C. Charge sheet was filed against all the accused A1 to A15. Accordingly a case was taken on file and the same was committed to the Principal District and Sessions Judge and after a full fledged trial all the accused were acquitted. As already stated Criminal revision Crl. R. C. No. 1747/2003 was allowed except the acquittal order passed in favour of A4,a8, A9 and A15 and de novo trial was ordered against A1 to A3, A5, a6, A7, A10 to A14. During the trial A7 upsconded and the case against him was separated and trial continued against rest of them.