SOMASUNDARAM @ SOMU Vs. STATE REP. BY DY. COMM. OF POLICE
LAWS(SC)-2016-9-49
SUPREME COURT OF INDIA
Decided on September 28,2016

Somasundaram @ Somu Appellant
VERSUS
State Rep. By Dy. Comm. Of Police Respondents

JUDGEMENT

V.GOPALA GOWDA, J. - (1.) The present appeals arise out of the common impugned judgment and order dated 06.10.2007 in Criminal Appeal Nos. 698, 716 and 781 of 2004 and Criminal Appeal No. 685 of 2005 passed by the High Court of Judicature at Madras, whereby the conviction and sentences awarded to the accused -appellants by the Additional District and Sessions Judge, (Fast Track Court -I), Chennai were upheld for the offences punishable under different sections of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), for the abduction and murder of one M.K. Balan (hereinafter referred to as the "deceased").
(2.) The following table outlines the conviction and sentences awarded to each of the accused by the Trial Court: Senthil Kumar (A -1) · Section 120 -B IPC: Imprisonment for life and fine of Rs. 50,000/ - · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. Hariharan (A -2) · Section 120 -B IPC: Imprisonment for life. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. Poonga Nagar Manickam (A -3) · Section 120 -B IPC: Acquitted under Section 235(1) of Code of Criminal Procedure, 1973(hereinafter referred to as the "CrPC"). · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Somasundaram (A -4) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. Balamurugan (A -5) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Shankar Ganesh (A -6) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Irudhayaraj (A -7) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Jaibeam Anbu (A -8) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Udhayam Kumar (A -9) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. Leela Shankar (A -10) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Sampath (A -11) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Romita Mary (A -12) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. Swamikannu (A -13) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Sori Ramesh (A -14) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Bomb Selvam (A -15) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Jagadeesan (A -16) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Gunasekar (A -17) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC. · Section 365 IPC read with Section 109 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 387 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 302 IPC read with Section 109 IPC: Imprisonment for life and fine of Rs. 50,000/ -, in default of payment, rigorous imprisonment for 1 year. · Section 347 IPC read with Section 109 IPC: Rigorous Imprisonment for 3 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 6 months. · Section 364 IPC read with Section 109 IPC: Rigorous Imprisonment for 10 years and fine of Rs. 5,000/ -, in default of payment, rigorous imprisonment for 2 years. · Section 201 IPC: Rigorous Imprisonment for 7 years and fine of Rs. 10,000/ -, in default of payment, rigorous imprisonment for 1 year. Naraimudi Ganesan (A -18) · Section 120 -B IPC: Acquitted under Section 235(1) of CrPC.
(3.) The aforesaid sentences imposed upon each one of the accused persons were ordered to run concurrently.;


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