RAVI ALIAS RAVIKUMAR Vs. STATE

JUDGEMENT

(1.) THESE Criminal Appeals have been filed under Section 374 of Criminal Procedure Code as against the judgment of conviction and order of sentence dated 29.01.2007 made in S.C.No.57 of 2006 by the II Additional Assistant Sessions Judge, Erode imposed against the appellants.The Accused Nos.1 and 2 in S.C.No.57 of 2006 on the file of the II Additional Assistant Sessions Judge, Erode, who stood charged, found guilty and convicted for offences punishable under Sections 450, 394 and 395 IPC have filed these two appeals separately. Each one of the appellant was sentenced by the trial court to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs.1,000/- and to undergo one year rigorous imprisonment in case of default in payment of fine for each one of the offences punishable under Sections 450 IPC, 394 IPC and 395 IPC. However, the trial court has orders that the substantive sentences of imprisonment shall run concurrently.

(2.) CRL.A.No.490/2007 is the appeal preferred by Ravikumar, the first accused. CRL.A.No.592/2007 is the appeal preferred by Balamurugan, the second accused. Since both the appellants were jointly tried and were convicted in one and the same sessions case in respect of one and the same crime No.497/2005 as joint offenders and since both appeals have arisen out of the same judgment of the trial court made in S.C.No.57/2006, they are taken up together for disposal and this court passes the following common judgment.

(3.) THE final report was taken on file by the learned Judicial Magistrate No.III, Erode as P.R.C.No.8/2008. After furnishing copies of the records to the accused free of cost under Section 207 Cr.P.C, the case was committed by the said Judicial Magistrate for trial to the Sessions court, Erode sessions division as the offences were exclusively triable by a court of session. THE learned Principal Sessions Judge, Erode Sessions Division, Erode took it on file as S.C.No.57/2006 and made it over to the learned II Additional Assistant Sessions Judge, Erode for disposal in accordance with law.