KANAGASABAI Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed under Section 374 of CODE OF Criminal PROCEDURE, 1973 as against conviction and sentence imposed in S.C.No,270/2001 dated 29.05.2002 by the learned Additional District Sessions court (Fast Track Court), Chidambaram to set aside the same.The appellants herein, who figured as accused No,2 and 3 in S.C.No,270/2001 on the file of the Additional District and Sessions Judge (Fast Track Court), Chidambaram stood charged with offences punishable under Sections 148, 341, 326, 324 and 307 IPC. Along with the appellants three more persons by name Samithurai, Yasothai and Sarala were also prosecuted in the said case for offences punishable under Sections 147, 341, 325 and 323 IPC. The trial ended in acquittal of the above said three persons (A1, A4 and A5). The first appellant herein (A2) was convicted for offences punishable under Sections 326 and 324 IPC whereas the second appellant (A3) was convicted for offences punishable under Sections 326 and 323 IPC. The first appellant (A2) was sentenced to undergo 10 years rigorous imprisonment and pay a fine of Rs.500/- along with a default sentence of 3 months simple imprisonment for the offence punishable under Section 326 and to undergo 3 years rigorous imprisonment and pay a fine of Rs.500/- with a default sentence of 3 months simple imprisonment for the offence punishable under Section 324 IPC. The second appellant (A3) was sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs.500/- with a default sentence of 3 months simple imprisonment for the offence punishable under Section 326 IPC and to undergo rigorous imprisonment for one year and pay a fine of Rs.500/- with a default sentence of 3 months simple imprisonment for the offence under Section 323.

(2.) AS against the conviction and sentence, the appellants (A2 and A3) have come forward with the present appeal challenging the conviction recorded against them and the sentence imposed on them.

(3.) THE final report submitted by P.W.10 was taken on file by the learned Judicial Magistrate No,2, Chidambaram on his file as PRC No.13/2001. After furnishing copies of the records free of cost to the accused under Section 207 Cr.P.C. the learned Judicial Magistrate No,2, Chidambaram committed the case for trial to the Principal Sessions Judge, Cuddallore District, Cuddalore. THE learned Principal Sessions Judge took it on file as S.C.No,270/2001 and made over to the Additional District and Sessions Judge (Fast Track Court), Chidambaram for disposal according to law.