(1.) The appellant herein, is the first accused in S.C.No.317 of 2011 on the file of the Additional District and Sessions Court (FTC III ) Chennai. Case was registered by the respondent police against 5 persons and a juvenile for offences under sections 147 ,148, 341, 307, 324 and 506 IPC. The appellant herein is the first accused. The trial Court convicted the first accused/the appellant herein for offence under section 326 IPC and the second accused for offence under section 324 IPC. Rest of the accused persons were acquitted. The second accused did not prefer appeal.
(2.) The trial Court sentenced the first accused/appellant herein to undergo five years simple imprisonment and to pay a fine of Rs.2,000/- in default to undergo three months simple imprisonment for offence under 326 IPC though he was charged and tried for offence under section 307 IPC. Aggrieved by the conviction and sentence, the present appeal is filed.
(3.) Brief facts of the case: