SAMY @ DURAISAMY Vs. STATE REP

JUDGEMENT

(1.) The appellants are A-4 and A-5 in SC.No.46/2016 on the file of the Court of III Additional District and Sessions Judge, Gobichettipalayam. There were three accused before the Trial Court, viz., A-1, A-4 and A-5. A-2 and A-3 were juvenile accused and it is represented that they are being tried separately and the case is pending. After framing of the charges and before commencement of trial, A-1 died and therefore, the charges framed against him got abated.

(2.) The appellants/A-4 and A-5 stood tried and charged for the offences u/s.120(B) r/w 302 IPC and 302 read with 109 IPC and vide impugned judgment dated 06.10.2017, they were found not guilty of the offence u/s. 302 read with 109 IPC and however, convicted them for the commission of the offence u/s.120(B) read with 302 IPC and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- each, with a default sentence of one month simple imprisonment. The period of incarceration already undergone by the appellants/A-4 and A-5 were ordered to be given set off u/s.428 Cr.P.C. Aggrieved by the said conviction and sentence, the appellants/A-4 and A-5 are before this Court by preferring the above appeal.

(3.) Necessary and relevant facts for the disposal of this appeal, are as follows:-