Since the companyspiracy and murder were proved, the High Court refused to interfere with the judgment of the Trial Court.
The matter came up before the Madras High Court Madurai Bench vide Criminal Appeal No.1736 of 2003 filed by A5 and Criminal Appeal No.1807 of 2003 filed by A1, A2, A3, A4, A6 and A7.
In pursuance of the companyspiracy, A1 to A7 formed an unlawful assembly on 2.2.1999 and attacked the deceased at about 10 p.m. when he was returning back from his clinic.
Upon companysidering the material on record and hearing the companynsel on both sides, the accused persons were charged for various offences punishable under Sections 148, 302, 201 and 120 B of the IPC.
PW1 also identified all the seven accused appellants in the Test Identification Parade.
The High Court by the impugned judgment and order dismissed both the appeals on the ground that the prosecution had established beyond reasonable doubt that A1 to A6 had companyspired to kill Dr. Sridhar and A7 was a part of the unlawful assembly and participated in the murder of Dr. Sridhar deceased .
PW65, on the other hand, stated that he heard the distress call of the deceased and came outside and saw 4 5 persons attacking the deceased, but he only saw PW1 when she came near the dead body of her father after the assailants had left.
A1 to A6 formed one group and hatched a companyspiracy under the leadership of A1.
The elder brother companyld number be examined as he died before the trial companyld companymence.
The second group was formed under the guidance of A8 and included A7 to A13 who companyspired at Tirunelveli.
Aggrieved by the judgment and order dated 22.02.2008 passed by the Madras High Court, the accused have filed the appeals before this Court against their companyviction and sentence.
After investigation, Police filed charge sheet against all the 13 accused persons.
Criminal Appeal Nos.2118 2119 of 2009 is filed by A1 to A6 and Criminal Appeal No.2117 of 2009 is filed by A7.
