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Before the Madurai Bench of Madras High Court
S. Vaidyanathan, N. Anand Venkatesh, JJ.
Sivasankaran & Others - Appellant
Versus
State represented by the Inspector of Police, Nainarkovil Police Station, Ramanathapuram - Respondent
Crl.A(MD)Nos. 425, 426, 427 & 428 of 2017 & Crl.M.P.(MD).No. 9809 of 2018
Decided On : 03-10-2019
Indian Penal Code – 147, 148, 307, 302,324, 326 - Code of Criminal Procedure - Section 374(2) – Appeal Against Conviction - Offence of murder - Simple Imprisonment - There was a previous enmity between the parties in construction of temple at Government land at Village - at about 06.00 p.m., at Bus Stand, A12 is said to have instigated A1 and A8 to kill the deceased - Pursuant to the said instigation, A1, A2, A8, A9, A10 and A11 are said to have joined together as an unlawful assembly with deadly weapons and they were also joined by A3 to A7 and at 7.00 p.m., on southern side of bus stop when P.W.1, deceased P.W.4, P.W.5, P.W.6, P.W.7 and P.W.8 were catching fish, they were attacked – Held, bail bonds executed by A3 to A7, who are the appellants in Crl.A.(MD) shall stand cancelled and the fine amount, if any, paid by them shall be refunded to them - Appellant in Crl.A.(MD) and A9 & A10, who are appellants in Crl.A.(MD) shall surrender before the learned Judicial Magistrate forthwith. On such surrender, they shall be confined to prison to serve the sentence imposed by this Court. If they do not surrender, the respondent police is directed to immediately secure them and produce them before the learned Judicial Magistrate in order to confine them in prison - Bail bond executed stand cancelled.
JUDGMENT :
S. Vaidyanathan, N. Anand Venkatesh, JJ.
Prayer: Appeals are filed under Section 374(2) of the Code of Criminal Procedure, against the Judgment of conviction and sentence, dated 31.08.2017, passed in S.C.No.3 of 2011 by the learned Additional District Judge (Fast Track Court), Paramakudi, and to acquit the accused/appellants from all the charges.
1. The appellants, who were ranked as A1 to A10 before the trial Court have filed this Criminal Appeal against the judgment of the learned Additional District Judge (FTC), Paramakudi, dated 31.08.2017, made in S.C.No.3 of 2011, wherein the accused persons have been convicted and sentenced as follows:
| Sl.No. | Rank of the accused | Offence for which convicted | Sentence of imprisonment | Fine amount |
| 1. | A1 | Under Section 147 IPC | 1 year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
|
|
| Under Section 148 IPC | 3 years Simple Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment. |
|
|
| Under Section 307 IPC | 10 years Rigorous Imprisonment | Rs.3000/-, in default, to undergo 1 year Rigorous Imprisonment |
|
|
| Under Section 302 IPC | Life imprisonment | Rs.2,000/-, in default, to undergo six months Rigorous Imprisonment |
| 2. | A2 | Under Section 147 IPC | One year simple imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
|
|
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment |
| 3. | A3 to A7 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
|
|
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment |
| 4. | A8 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
|
|
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 324 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment |
| 5. | A9 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
|
|
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 324 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 326 IPC | Five years Rigorous Imprisonment | Rs.3000/-, in default, to undergo one year Rigorous Imprisonment |
|
|
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment |
| 6. | A10 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
|
|
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 324 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment |
|
|
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to |
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