R.MALA
Durai @ Durairaj – Appellant
Versus
State rep. by Inspector of Police, Pennadam Police station, Cuddalore – Respondent
1. The criminal appeal arises out of the judgment of conviction and sentence, dated 27.2.2004, made in S.C. No. 171 of 2003, on the file of the Additional District Court (Fast Track Court No. III), Virudhachalam, whereby A1 to A3 were convicted for the offence under Section 324 IPC and sentenced to pay a fine of Rs. 1,000/- each in default in payment to undergo three months simple imprisonment. A4 was convicted for the offence under Section 326 IPC and sentenced him to undergo three years rigorous imprisonment and imposed a fine of Rs. 1,000/- in default in payment to undergo six months rigorous imprisonment and he was convicted for the offence under Section 324 IPC and imposed a fine of Rs. 1,000/- in default in payment to undergo three months simple imprisonment.
2. The respondent has filed a charge sheet against the accused stating that on 5.9.2001, at 7.30 a.m., when P.W.1 to P.W.4 were in their house, the accused persons 1 to 6 due to previous enmity, forming themselves into an unlawful assembly armed with deadly weapons with an intention to commit murder assaulted P.W.2/Chandiran, P.W.3/Annamalai, P.W.4/ Annamayil and thereby committed the offence under Sections 147, 1
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