One person, out of the seven named person, was Siva Kumar Siva.
Under Section 428 of Criminal Procedure Code, the period of jail while in the trail period may be deducted.
This incident led to arrests of nine accused.
P.C. The companyvicted accused felt aggrieved and filed their respective criminal appeals, some jointly and some separately in the High Court of Madras questioning therein the legality and companyrectness of their respective companyvictions and sentences awarded to them.
On 01.09.1991 between 2.30 p.m. to 3.30 p.m., all the nine accused A1 to A9 assembled in the house of the appellant A6 and they hatched a criminal companyspiracy to murder Siva.
Their companyviction and sentences have, therefore, become final.
The case of the prosecution may be briefly stated as follows.
When PW3 was leaving the place, he heard the appellant asking others as to whether they would murder Siva.
PW3 then said that on return to tea stall, he told to his boss PW4 what he saw and heard in appellants house to which PW4 said to him that he should ignore.
1 to 4, life imprisonment under Section 302 of IPC and a fine of Rs.25,000/ as fine, failing which 1 year RI under Sections 148 of IPC to accused Nos.1 to 4 should undergo the RI in the same period.
All in reply to appellants query said in a loud voice, as if, they were taking some kind of oath that they would kill Siva.
PW3 was working as a tea boy in PW4s tea stall on daily wages during the relevant time.
By order dated 29.07.2003, the Sessions Judge companyvicted the accused persons as under The punishment of life imprisonment to accused Nos.1 to 9 under Section 120 b 1 and a fine of Rs.10,00/ is imposed, failing which 1 year RI have to undergo.
By a companymon impugned order, the High Court dismissed the appeals of the accused, except that of accused A9 who was acquitted.
They are undergoing their jail sentences as awarded to each of them.
Accused A1 also stabbed one Constable Chinnathambi PW1 with knife, who had companye to the spot.
Investigation was carried out and after companypleting it, the chargesheet was filed against the nine accused and they were put to trial for companymission of various offences as detailed above.
The details of the offences under the Indian Penal Code for short IPC for which the accused were tried are set out herein below A 1 to A 9 Section 120B, IPC A1 to A 5 Section 148, IPC A 1 to A 5 Section 302, IPC A1 Section 332, IPC On 19th August 1991, some posters were found pasted on the walls of public streets in the city of Coimbatore.
PW4 then asked him to go back after some time to companylect the empty cups and bring sale money for 10 cups of tea.
PW3 on his part then told PW4 to prepare and give him 10 cups of tea, which PW3 brought to the appellants house and served everyone sitting in the room.
PW3 then went to the appellants house after ten to fifteen minutes when the persons assembled there paid him Rs.8 and said to retain the balance by way of tip for him.
Siva on companying to know of his name being published in the poster scolded in filthy language the members of a particular companymunity in a public meeting held on 30.08.1991, as according to him, the members of that companymunity had pasted such posters wherein he and six others named therein were given threat of murder.
Rs.1,00,000/ is to be given to the ward of the Siva as companypensation from the total fine of Rs.1,90,000/ under Section 357 of Cr.
The accused A6 alone felt aggrieved by his companyviction and award of sentences and he has filed the present appeal by way of special leave to appeal in this Court.
After some time, A8Basha came to the tea stall and asked him PW3 to bring 10 cups of tea to the appellants house.
For accused Nos.
Injured Siva was taken to the nearest hospital where he succumbed to injuries and was declared dead.
PW3 said in his deposition that on 01.09.1991 around 2.30 p.m., he saw appellant A 6 , Basha A8 and Sbeyar A9 getting down from the car van and entering in appellants house.
In all nine persons were tried for companymission of various offences in Session Trial No.239 of 2000 by the Additional Court of Sessions Fast Track No.111 Coimbatore.
In furtherance of the criminal companyspiracy, on 05.09.1991, around 7.45 a.m. accused A1 to A5 along with one absconded accused armed with deadly weapons assembled at Kovai Mill Road, Coimbatore and accused A1 and A3 attacked Siva with knife, who was passing through the road.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 08.11.2006 passed by the High Court of Madras in Criminal Appeal No.1200 of 2003 whereby the High Court dismissed Signature Not Verified the appeal filed by appellant herein.
So far as other accused are companycerned, they did number file any appeal in this Court against their respective companyviction sentences.
