The court established the guilt of the first accused for murder under Section 302 of the Indian Penal Code based on the evidence of the fatal injury to the deceased. The acquittal of the other accused was based on the lack of evidence and procedural irregularities.

N. Dhinakar, J.

The appellants are accused 1, 2, 3 and 5 in Sessions Case No.55 of 1999 and they were tried before the II Additional Sessions Judge, Salem along with one R. Kuppuraj, who was arrayed as the fourth accused in he said Sessions Case. In this judgment the appellants and R. Kuppuraj, who was arrayed as the fourth accused, will be referred to as accused 1 to 5, in the same order as they were arrayed before the Sessions Judge, for the sake for convenience.

2. Charge No.1 was framed against accused 1, 2 and 5 under Section 302 read with 34 of the Indian Penal Code. The allegation in the said charge is that they shared the common intention of each other to cause the death of Stephen @ Ravi, the deceased in this case, and in furtherance of the said common intention accused 2 and 5 held Stephen and that the first accused beat him with a wooden stick (Lathi), as a result of which the said Stephen died on the same day, i.e., on 21.06.1995 at 06.15 pm. Charge No.2 was framed against accused 3 and 4 under Section 302 read with 149 of the Indian Penal Code on an allegation that they shared the common object of accused 1, 2 and 5 in causing the death of Stephen. Charge No.3 was framed against accused 1 to 5 under Section 201 of the Indian Penal Code on an allegation that with a view to screen the offence, the deceased was taken to the hospital. (In Charge No.1 the learned Sessions Judge did not mention the time and date of occurrence and in charge No.3, he did not mention the nature of the act committed by accused 1 to 5, which will attract an offence under Section 201 of the Indian Penal Code).

3. The learned trial Judge, finding accused 1, 2 and 5 guilty under Section 302 read with 34 of the Indian Penal Code, sentenced each one of them to undergo imprisonment for life and directed each one of them to pay a fine of Rs.1,000/-, with a further direction that in default of payment of fine, they should undergo simple imprisonment for six months. The third accused was found guilty under charge No.2 under Section 302 read 149 of the Indian Penal Code, for which a similar sentence was imposed upon him, while the fourth accused was acquitted of the said charge. Under charge No.3, accused 1 to 3 and 5 were found guilty under section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for one year, while the fourth accused was acquitted of the said charge also. There was a further direction that the substantial sentence of imprisonment will run concurrently. The present appeal is filed by accused 1 to 3 and 5 challenging the said conviction and sentence.

4. It is submitted that after the filing of the appeal, the second accused, who is the second appellant in this appeal, died on 17.05.2001 at Coimbatore Medical College Hospital and the death was registered with the Registrar of Birth and death, Coimbatore Municipal Corporation. The Revenue Divisional Officer, Namakkal, has addressed a letter to the Public Prosecutor of Madras High Court, enclosing the certificate issued by the Registrar of Birth and Death, Coimbatore Municipal Corporation, which is produced before us. As the second accused died pending appeal, the appeal as against him, abates. The certificate of the Registrar of birth and death along with the letter of the Revenue Divisional Officer shall form part of the records of this appeal.

5. Therefore, this court has to consider the appeal only in respect of accused 1, 3 and 5.

6. The facts are: One K. Pappu gave a complaint at Namakkal police station on 20.06.1995 at 08.30 pm, which was registered as a crime in crime No.621/1995 and the printed first information report in the said crime is Ex.D.7. The allegation in the said complaint is that at about 07.30 p.m. on 20.06.1995 when the said Pappu was sitting in front of the house, two persons came in a motor cycle and one of them after alighting from the motor cycle, suddenly snatched the gold chain from her neck, weighing 5 ½ sovereigns and thereafter, bo