M.KARPAGAVINAYAGAM, S.K.KRISHNAN
Damu alias Damodharan & Others – Appellant
Versus
State, rep. by Inspector of Police – Respondent
M. Karpagavinayagam, J.
The appellants/A-1 to A-6 were convicted for the offences under Sections 148 and 302 read with 34 IPC and each sentenced to undergo three years rigorous imprisonment and life imprisonment respectively, for having attacked the deceased Sukumaran on his head, resulting in his death. In addition to this, A-5 was convicted for the offence under Section 324 IPC and sentenced to undergo three years rigorous imprisonment, for having caused injury on P.W.1 Baskar. These convictions and sentences are the subject matter of challenge before this Court in this appeal filed by all the accused, namely A-1 to A-6.
2. Short facts leading to the conviction could be summarised as follows:
(a) The deceased Sukumaran was carrying on money lending business. P.W.1 Baskar is his younger brother, doing work as Painter in a paint company. A-1 and A-6 are brothers and other accused are their associates.
(b) After finishing his work of collecting money from various persons, the deceased Sukumaran was returning home along with his brother P.W.1 Baskar on 17.3.1993 at about 10.30 p.m. While they were walking near Muniandi Vilas (an Hotel), A-1 to A-6, with deadly weapons, sudde
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