Advocates:
['m/s k selvakumaraswami', '', 'A BALAMURUGAN', 'PUBLIC PROSECUTOR']

Bail Slip in Crl Rc No.478/12

The 1st Appellant/1st Accused namely Duraisamy S/O Kandasamy

was directed to be released on bail as per order of this Court

dated 31.10.12 and made in M.P.No.2/12 in Crl A 478/12 and the

2nd Appellant/2nd Accused namely Murugesan S/O Venkatachalam was

directed to be released on Bail on as per order of this Court

dated 30.8.12 and made in M.P.No.1/12 in Crl.A No.478/12 on the

file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 31.03.2016

Delivered on : 21.04.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

AND

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

CRIMINAL APPEAL No.478 of 2012

and

CRIMINAL REVISION CASE No.1277 of 2012

CRL.A.No.478 of 2012:

1.Duraisamy

2.Murugesan

.. Appellants/Accused 2 and 3

vs

State rep. By

Inspector of Police

Steel Plant Police Station

Salem District.

Crime No.222/2005

.. Respondent/Complainant

CRL.R.C.No.1277 of 2012:

M.Dhanasekaran

.. Petitioner/PW1

De-facto complainant

vs

1.Kandasamy

2.Duraisamy

3.Murugesan

4.Mani

5.Suresh

https://hcservices.ecourts.gov.in/hcservices/

6.Raja

.. Respondents 1 to 6/Accused

7.State rep. By

The Inspector of Police Steel Plant,

Salem. (Crime No.222/2005)

Salem District.

.. 7^th Respondent/Complainant

Prayer in Crl.A.No.478 of 2012:

Criminal

appeal

preferred

under Section 374(2) of the Code of Criminal Procedure against

the judgment dated 19.7.2012, made in S.C.No.252/2006, on the

file of the I Additional Session Judge, Salem.

Prayer in Crl.Rc.No.1277 of 2012:

Criminal

revision

case

preferred under Section 397 read with 407 of the Code of

Criminal Procedure against the judgment dated 19.7.2012, made in

S.C.No.252/2006, on the file of the I Additional Session Judge,

Salem.

For Appellants

: Mr.A.Raghunathan

in Criminal Appeal

Senior Counsel

for Mr.K.Selvakumaraswami

For Respondents in

Criminal Appeal

: Mr.M.Maharaja

Additional Public Prosecutor

For Petitioner in

Crl.R.C.

: Mr.V.Sekar

For Respondents in

Crl.R.C.

: Mr.K.V.Sridharan for RR1 to 6

Mr.M.Maharaja

Additional Public Prosecutor

for R7

C O M M O N J U D G M E N T

M.SATHYANARAYANAN, J.

The appellants in Crl.A.No.478 of 2012 are accused Nos.2 and

3 respectively in S.C.No.252 of 2006, on the file of the I

Additional Sessions Judge, Salem.

2. Originally, six accused were tried for the following

charges:-

Accused

Charges

A-1

Sec.302 read with

109 IPC

https://hcservices.ecourts.gov.in/hcservices/

Accused

Charges

A-2 to A-6

Sections 148 and 302

IPC

A-3

Section 324 IPC

3. The trial Court, vide judgment dated 19.7.2012, convicted

A2 for the commission of offence under Section 302 IPC and

sentenced him to undergo Imprisonment for Life and to pay a fine

of Rs.10,000/- with a default sentence of 2 years Rigorous

Imprisonment. A3 was convicted for the commission of offence

under Section 324 IPC and sentenced to undergo two years

Rigorous Imprisonment and to pay a fine of Rs.2,500/- with a

default sentence of 6 months Rigorous Imprisonment. A1 was

found not guilty for the offence under Section 302 read with 109

IPC; A2 to A6 not guilty for the offence under Section 148 IPC

and A3 to A6 not guilty for the offence under Section 302 IPC

and they were acquitted. The sentences were ordered to run

concurrently and set off was also granted under Section 428

CrPC. A2 and A3, aggrieved by the above said conviction and

sentence, had filed Crl.Rc.No.1277 of 2012.

4. The factual matrix of the case is as follows:-

(a) PW1 Dhanasekaran – de-facto complainant, is the son of

the deceased Ranganayaki. PW2 is the sister's son of

Ranganayaki. On 14.08.2005 at about 7.15 p.m., PWs.1 and 2 were

standing in front of the Television Room belonging to local body

and were conversing with each other. At that time, A2 to A6

were coming towards northern side and among them, A3 to A6 were

holding iron rods, being used for cleaning coir. A2 di