GURU ALIAS GURUBARAN Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused in S.C.No.80 of 1999 on the file of the Court of Additional Sessions Judge, Villupupram. THE accused were charged under the following Sections:-A1 to A3 under Section 148 of IPC A1 to A9 under Section 302 of IPCA4 to A9 under Section 147 of IPCA4 to A6, A8 & A9 under Section 323 of IPCA1 to A3 and A7 under Section 323 read with 149 IPC.A3 - under Section 324 of IPC (two counts)A1, A2 & A4 to A9 - under Section 324 r/w 149 of IPC.

(2.) THE Court of Additional Sessions Judge, Villupuram vide judgment dated 26.2.2000 had convicted and sentenced the accused which are as follows:-A1 and A2 : Two years R.I. under Section 148 IPC and R.I. for Life Imprisonment and fine of Rs.1,000/- each with default sentence of 3 months R.I. under Section 302 IPC. Six months R.I. under Section 323 r/w 149 of IPC and One year R.I. each under Section 324 r/w 149 of IPC.A3 :Two years R.I. under Section 148 of IPC, R.I. for Life Imprisonment and fine of Rs.1,000/- with default sentence of 3 months R.I. under Section 302 of IPC. Six months R.I. nder Section 323 r/w 149 of IPC. One year R.I. for each count under Section 324 (two counts) A4, A5, A6, A8 and A9:One year R.I. under Section 147 of IPC. R.I. for Life Imprisonment and fine of Rs.1,000/-each with default sentence of 3 months R.I. under Section 302 of IPC. Six months R.I. under Section 323 of IPC. One year R.I. under Section 324 r/w 149 of IPC. A7:One year R.I. under Section 147 of IPC. R.I. for Life Imprisonment and fine of Rs.1,000/- with default sentence of 3 months R.I. under Section 302 of IPC. Six months R.I. under Section 323 r/w 149 of IPC. One year R.I. under Section 324 r/w 149 of IPC.All the sentences imposed against the accused were ordered to be run concurrently.

(3.) THE facts which are necessary for the disposal of this Criminal Appeal are as follows:-THE deceased in this case namely Tmt.Saroja is wife of P.W.1, viz., Munusamy Pillai and their son is P.W.14 viz., Parasuraman. P.W.2 Nagarajan is the brother of the deceased Saroja and brother-in-law of P.W.1 and P.W.7 Rani is the sister-in-law of deceased Saroja. P.W.14 Parasuraman had love affair with Uma-sister of first accused Guru @ Gurubaran. THE first accused Guru and the 4th accused Jayaraman arranged for the marriage of P.W.14-Parasuraman with Uma and this was not liked by P.W.1 and his wife Saroja (deceased). Parasuraman was with his wife for some time. THEreafter, due to misunderstanding, he came back to the house of P.W.1 and was staying with him.