MARIADASAN Vs. STATE OF TAMIL NADU VARUVEL

JUDGEMENT

(1.) This is an appeal under section 2 of the Enlargement of Supreme Court (Appellate) Jurisdiction Act, by the Appellant Mariadasan who was accused No. 2 in the trial Court. The other four accused persons, namely A -l (Veruvel), A -3 (Ambrose), A -4 (Prakasan) and A -5 (Maria Sebasthiyan), have filed a petition for special leave against the order of conviction and sentence recorded by the High Court. The trial court acqitted the accused 6f all the charges, namely section 302/149, 307/149, 148,147 etc. The State filed an appeal before the High Court which reversed the judgment of the trial court and convicted Maridasan, accused No. 2, under section 302 to imprisonment for life, under section 324/149 to 3 years R. L, under section 148, also to 3 years R. I. (sentences to run concurrently).

(2.) So far as the other accused were concerned the High Court convicted accused No. 1 under section 324 to three years R. I. and to the same sentence under section 148, accused No. 3 under section 324/149 to three years R. I. Accused No. 4 was also convicted similarly. A -5 was convicted under section 147 to two years R. I. and under section 324/149 to 3 years. The Special Leave Petition filed by accused Nos. 1, 3, 4 and 5 were ordered to be heard along with this appeal add hereby grant special leave so that the applications of A -l, A -3, A -4 and A -5 may be disposed of also by this judgment.

(3.) We have heard the counsel for the parties and have also gone through the judgment of the trial court and the High Court. Mr. B. P. Singh, with his usual fairness, bravity and ingenuity has frankly conceded that in the state of evidence it is not possible for him to press the case of accused No. 1 and so far as the accused No. 2 was concerned he argued that conviction under section 302 was wrong as his case squarely falls under section 304, Part I or Part II of I. P. C.