N.V.RAMANA, R.SUBHASH REDDY, B.R.GAVAI
Chellappa – Appellant
Versus
State through the Inspector of Police – Respondent
ORDER :
1. This appeal arises out of the final judgment and order dated 19.12.2007 passed by the High Court of Madras, Bench at Madurai in Criminal Appeal No. 1 of 2006, whereby the High Court partly allowed the criminal appeal filed by the accused-appellant, along with others, and set aside the conviction imposed on him under Sections 148 and 341 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). Further, the conviction and sentence imposed on him under Section 302 read with Section 149, IPC was converted into the conviction under Section 302 read with Section 34, IPC. However, the conviction imposed on the accused-appellant under Section 324 of the IPC was confirmed by the High Court.
2. The challenge before the High Court was against the judgment dated 28.10.2005, passed by the Trial Court in S.C. No. 9 of 2005 convicting the accused-appellant under Sections 148, 341, 324 and Section 302 read with Section 149, IPC. The Trial Court sentenced the accused-appellant to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500/- for the offence punishable under Section 148, IPC and in default of payment of fine thereof to further undergo rigorous impris
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