IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN, S. NAGAMUTHU, JJ.
Arul @ Arul jothi & Ors. - Appellants
Vs.
State by Inspector of Police - Respondent
Criminal Appeal Nos. 484, 548, 553, 587, 605 and 688 of 2012
Decided On : 29-02-2016
Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 - Section 3(1) – Indian Penal Code,1860 – Sections 147, 149, 302, 323, 324, 326 and 506 – Appeal Against Conviction - Accused Nos.2, 5 and 6, on account of above enmity attacked P.W.11 sustained injuries in said occurrence and he was admitted in hospital - Enraged over same supporters of went to house of 2nd accused and caused extensive damage to house - In respect of said occurrence also a case was registered against prosecution party - deceased in this case was one - Accused party felt that said was brain behind all these incidents - Accused was arrested in connection with above case and he was later on released on bail - Because of these incidents prosecution party and accused party were in loggerheads and enmity became more stronger between them - Held, Trial Court has framed a charge under Section 148 Indian Penal Code against accused Nos.1 to 6, 9, 13 and 14 and punished them under said charge - Again Trial Court has punished them under Section 147 Indian Penal Code also - This amounts to double jeopardy as an offence under Section 148 Indian Penal Code includes an offence under Section 147 Indian Penal Code also - Next Trial Court while convicting some of accused under Section 302 Indian Penal Code has convicted others under Section 302 read with 149 Indian Penal Code - But strangely while convicting some of accused under Sections 323, 324 and 326 under a number of counts has failed to frame charges against others by invoking Section 149 Indian Penal Code in respect of these offences and has consequently failed to convict them appropriately by invoking Section 149 Indian Penal Code - Obviously Trial Court has not understood the concept of constructive liability for punishment- Appeals are allowed
S. Nagamuthu, J.
The appellants are the accused Nos. 1 to 17 in S.C. No. 32 of 2010 on the file of the learned Principal District & Sessions Judge, Cuddalore. The 1st appellant in Crl. A. No. 548 of 2012, who is arrayed as accused No.8, died during the pendency of the appeal. The Trial Court framed as many as 19 charges against the accused Nos.1 to 17, as detailed below :-
Sl. No.
Charge Number
Rank of Accused
Penal Provision
1
Charge No.1
Accused Nos. 1 to 17
147 IPC
2
Charge No.2
Accused Nos. 1 to 6, 9, 13 & 14
148 IPC
3
Charge No.3
Accused Nos. 1 to 17
449 IPC
4
Charge No.4
Accused Nos.1, 2,6, 9, 10 & 14
302 IPC
5
Charge No.5
Accused Nos.3 to 5, 7, 8, 11, 12, 13, 15 to 17
302 r/w.149 IPC
6
Charge No.6
Accused Nos.5,6&9
324 IPC
7
Charge No.7
Accused Nos.10 to 12
323 IPC
8
Charge No.8
Accused No.7
323 IPC (2 counts)
9
Charge No.9
Accused No.13
324 IPC (2 counts)
10
Charge No.10
Accused No.2
324 IPC (3 counts)
11
Charge No.11
Accused No.1
324 IPC
12
Charge No.12
Accused No.5
326 IPC
13
Charge No.13
Accused No.3
324 IPC (2 counts)
14
Charge No.14
Accused No.4
324 IPC (2 counts)
15
Charge No.15
Accused Nos.1 to 17
506 (ii) IPC
16
Charge No.16
Accused Nos.1 to 17
Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992
17
Charge No.17
Accused Nos.1 to 17
Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992
18
Charge No.18
Accused Nos.1 to 17
Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992
19
Charge No.19
Accused Nos.1 to 17
Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992
The Trial Court, by common judgment, dated 30.07.2012, convicted all the 17 accused under the following charges and accordingly, punished them as detailed below:-
Sl. No.
Charge No.
Rank of Accused
Conviction
Sentence
1
Charge No.1
Accused Nos.1 to 17
147 IPC
To undergo two years rigorous imprisonment.
2
Charge No.2
Accused Nos.1 to 6, 9, 13& 14
148 IPC
To undergo three years rigorous imprisonment.
3
Charge No.3
Accused Nos.1 to 17
449 IPC
To undergo ten years rigorous imprisonment.
4
Charge No.4
Accused Nos.1, 2, 6, 9, 10 and 14
302 IPC
To undergo life imprisonment and to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 15 days.
5
Charge No.5
Accused Nos.3, 4, 5, 7, 8, 11, 12, 13, 15, 16 & 17
Section 302 r/w.149 IPC
To undergo life imprisonment and to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 15 days.
6
Charge No.6
Accused No.5
Accused No.6
Accused No.9
Section 324 IPC (2 counts)
Section 324 IPC
Section 324 IPC
Acquitted
To undergo rigorous imprisonment for three years.
Acquitted
7
Charge No.7
Accused Nos. 10, 11&12
Section 323 IPC
To undergo rigorous imprisonment for one year.
8
Charge No.8
Accused No.7
Section 323 IPC (2 counts)
Acquitted.
9
Charge No.9
Accused No.13
Section 324 IPC (2 counts)
To undergo three years rigorous imprisonment (one count)
10
Charge No.10
Accused No.2.
Section 324 IPC (3 counts)
Acquitted.
11
Charge No.11
Accused No.1
324 IPC
To undergo rigorous imprisonment for three years.
12
Charge No.12
Accused No.5
326 IPC
To undergo rigorous imprisonment for seven years.
13
Charge No.13
Accused No.3
324 IPC (2 counts)
To undergo rigorous imprisonment for three years (one count)
14
Charge No.14
Accused No.4
324 IPC (2 counts)
To undergo rigorous imprisonment for three years (one count)
15
Charge No.15
Accused Nos.1 to 17
506 (ii) IPC
To undergo rigorous imprisonment for two years.
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