RAMU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal arises out of the conviction and sentence imposed by the learned Principal District and Session Judge, Dharmapuri in S.C.No.221 of 2014 dated 03.02.2016. The appellants are arrayed as A1 and A2. Based on the complaint given by the defacto complainant, the respondent Police registered a case in Crime No.114 of 2011 against the appellants and three others. On completion of investigation, the respondent Police filed a charge sheet before the learned Principal District and Session Judge, Dharmapuri for the offences under Sections 147, 148, 149, 448, 324, 506(ii), 307 and 302 r/w 120(b), 109 and 34 of IPC.

(2.) During the trial, the charges against the 3rd accused viz.,Krishnan was abated, who reported dead on 28.07.2012. On conclusion of trial, the Court below had convicted the 1st appellant under Sec. 302 of Penal Code and sentenced to life imprisonment and a fine of Rs.5,000.00 in default to undergo three years rigorous imprisonment and under Sec. 324 of Penal Code sentenced to undergo three years rigorous imprisonment. As against the 2nd appellant, for the offence under Sec. 302 Penal Code convicted and sentenced him to undergo life imprisonment and imposed a fine of Rs.5,000.00 in default to undergo three years rigorous imprisonment. Against the conviction and sentence in S.C.No.221 of 2014, the present Criminal Appeal has been filed.

(3.) As against the 1st accused for the offence under Sec. 148, 448, 506(ii) and as against the 2nd accused for the offence under Sec. 148, 448, 506(ii), 324 and as against the 4th accused for the offence under Sec. 148, 448, 506(ii), 324, 302 r/w 34 and as against the 5th accused for the offence under Sec. 148, 448, 506(ii), 324, 307, 302 r/w Sec. 34, the trial Court acquitted the said accused giving benefit of doubts.