SHANMUGHAM Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the conviction and sentence imposed by the learned Additional District and Sessions Judge (Fast Track Court No. 2) Cuddalore in S.C. No. 222 of 2008, dated 08.07.2010. The learned trial Judge convicted the 1st, 3rd to 8th and 12th accused for the offence under Sections 148 of IPC and sentenced them to undergo one year rigorous imprisonment and for the offence under Section 147 of IPC, the 9th to 11th accused were sentenced to undergo six months rigorous imprisonment and under Section 307 r/w 149 of IPC, the 1st, 3rd to 12th accused were sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo six months rigorous imprisonment. The sentences were ordered to run concurrently. Since the 2nd appellant died, charges against him are abated.

(2.) The learned trial Judge acquitted the 4th to 6th and 8th accused under Section 326 of IPC and acquitted the 1st accused under Section 326 (2 counts) of IPC and acquitted the 3rd, 5th, 6th, 7th and 12th accused under Section 324 of IPC and acquitted the 4th accused under Section 324 (2 counts) of IPC and acquitted the 9th and 10th accused under Section 323 of IPC and acquitted the 11th accused under Section 325 of IPC.

(3.) The background facts, as projected by the prosecution are as follows: