J U D G M E N T

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal challenges the final judgment and order dated 1 st November 2019 passed by the Madurai Bench of Madras High Court in Crl. A. (MD) No. 479 of 2017, whereby the Criminal Appeal filed by the appellant against the judgment and order dated 17 th November 2017 in Sessions Case No. 83 of 2016 on the file of the I Additional District and Sessions Judge, Thoothukudi (hereinafter, “trial court”) was partly allowed . The Division Bench of the High Court upheld the conviction and sentence qua the appellant insofar as the offence punishable under Sections 294(b) , 341 and 302 of the Indian Penal Code , 1860 (hereinafter, “ IPC ”) but he was acquitted of the charge under Section 506(ii) IPC .

3. The facts necessary for the adjudication of the present appeal are as given below:

3.1 The genesis of the present case is the registration of FIR No. 224 of 2015 on 16 th May 2015 at Police Station Sathankulam, District Thoothukudi by one Mr. Kovilraj (PW- 1). Written information was received at the said Police Station at 02:30 hours alleging commission of offence punishable under Sections 294(b), 342 , 302 and 506(ii) IPC by t