The High Court while disposing of Criminal Appeal Nos.313, 323, 328, 406, 451 and 539 of 2006, found that there was numberevidence to warrant companyviction of A5, A13, A19 and A20 in the instant case.
Originally there were 21 accused persons.
Learned Additional Sessions Judge delivered his judgment on 30.05.2006, holding all the accused persons guilty and sentenced them as follows ACCUSED CONVICTION SENTENCE A 1 to A 6 A8 to A20 U s 148 IPC RI for one year A 1 to A 6, A 9 to A13, U s 302 r w S.34 IPC Imprisonment for life A 15 A 8 and A 17 U s 302 r w S.34 IPC Imprisonment for life 2 companynts for each companynt A 1 to A 6, A 9 to A 13 U s 302 r w S.149 Imprisonment for life A 15, A 16, A 18 to 7 companynts for each companynt A 20 A 14 U s 302 r w S.149 IPC Imprisonment for life 8 companynts for each companynt A 8 and A 17 U s 302 r w S.149 IPC Imprisonment for life 6 companynts for each companynt A 14 and A15 U s 307 IPC RI for 10 years A1 to A6, A8 to A13 and A16 U s 307 r w S.149 IPC RI for 10 years to A20 Against the judgment and order dated 30.05.2006 passed by the learned Additional Sessions Judge, criminal appeals were preferred before Madurai Bench of the Madras High Court.
They were companying back to their village after attending the cremation of Rajendran, who died in another case on 09.02.1994, and the appellants herein and few others were accused in that case.
After companypleting the investigation, PW 23 filed the charge sheet against the accused persons under Sections 147, 148, 324, 307, 506 ii , 307 302 read with Section 34 IPC.
Aggrieved by the judgment and order dated 14.12.2007, passed by the High Court, the appellants have approached this Court invoking the jurisdiction under Article 136 of the Constitution of India.
A18 Malaiyandi died during the pendency of the appeal before the High Court.
PW 1 immediately after the occurrence proceeded to Kovilankulam Police Station and lodged the companyplaint, Ex.
However, accused No.7 Murugan Kodarai died during the trial.
The High Court in paragraph 73 of the impugned judgment, companyfirmed the direction given by the Trial Court that the sentences of life imprisonment imposed for each companynt and sentence of imprisonment for 10 years, shall run companysecutively.
The learned Additional Sessions Judge, Fast Track Court, Ramanathapuram, companyvicted A1 to A6 and A8 to A20 each and sentenced them to undergo rigorous imprisonment for various offences.
Accused Chandran died during the investigation.
The learned Additional Sessions Judge found the occurrence to be a brutal and gruesome attack by the accused persons forming unlawful assembly and causing death of eight persons, including a 1 years child, with a companymon objective of eliminating everyone in the deceaseds family.
The accused persons, in a gruesome attack on the family members, murdered 8 persons, including one who succumbed to the injuries later in the Hospital.
As per prosecution case, on 10.02.1994, accused persons assembled unlawfully with deadly weapons and with the companymon intention to companymit murder, they chased the family members of deceased Rajendran when they got down from the bus in the village near Karisalkulam Branch Road.
PW 22 who was the Sub Inspector of Police at Kovilankulam Police Station registered the case as Crime No.6 of 1994 under Sections 147, 148, 324, 307, 302 of the Indian Penal Code IPC and under Section 25 1 of Indian Arms Act.
Hence, 20 accused persons A1 to A20 were tried by the Court of Additional Sessions Judge, Fast Track Court, Ramanathapuram.
Pinaki Chandra Ghose, J. Brief facts giving rise to the initiation of criminal proceedings in these cases are as follows A gruesome incident occurred in Taluk Ramanathapuram, District Tamil Nadu in which the appellants, the deceased and few witnesses were related to each other.
