SURESH Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 to 4 in S. C. No. 285 of 2001, who suffered a judgment of conviction at the hands of the Additional Sessions Judge, (Fast track Court No. III), Chennai, move the present appeal.

(2.) THE learned Additional Sessions Judge (Fast Track court No. III), Chennai convicted the first accused for an offence under Section 341 IPC and imposed a fine of Rs. 500/-, in default to undergo simple imprisonment for one month; convicted him for an offence under Section 302 i. P. C and sentenced him to undergo life imprisonment and imposed a fine of rs. 5000/-, in default to undergo simple imprisonment for six months and convicted the second accused for an offence under Section 341 IPC and imposed a fine of Rs. 500/-, in default to undergo simple imprisonment for one month; convicted him for an offence under Section 307 IPC and imposed a fine of Rs. 2000/-, in default to undergo simple imprisonment for six months; convicted him for an offence under Section 302 r/w 34 IPC and sentenced to undergo life imprisonment and imposed a fine of Rs. 3000/-, in default to undergo simple imprisonment for six months and convicted the third accused for an offence under Section 341 IPC and imposed a fine of Rs. 500/-, in default to undergo simple imprisonment for one month; convicted him for an offence under Section 307 IPC and imposed a fine of Rs. 2000/-, in default to undergo simple imprisonment for six month; convicted him for an offence under Section 302 r/w 34 IPC and sentenced to undergo life imprisonment and imposed a fine of Rs. 3000/-, in default to undergo simple imprisonment for six months and convicted the fourth accused for an offence under Section 341 IPC and imposed a fine of Rs. 500/-, in default to undergo simple imprisonment for one month; convicted him for an offence under section 307 IPC and imposed a fine of Rs. 2000/-, in default to undergo simple imprisonment for six months and convicted him for an offence under Section 302 r/w 34 IPC and sentenced him to undergo life imprisonment and imposed a fine of rs. 2000/-, in default to undergo simple imprisonment for six months.

(3.) THE learned trial Judge having relied upon the ocular testimony of P. W. 1 to P. W. 3 in the background of the medical testimony available on record, has come to the conclusion that the accused wrongfully restrained the deceased and the other prosecution parties with an intention to cause the death of the deceased Govindasamy and Elumalai, P. W. 2 and thereby they committed an offence punishable under Section 341 IPC. In furtherance of the common intention of all the accused, the first accused committed murder punishable under Section 302 IPC and other accused 2 to 4 committed offence punishable under Section 307 r/w 34 IPC. THE trial court also found that the accused 2 to 4 in furtherance of their common intention to do away with the life of Elumalai, attacked him with lethal weapons and attempted to cause his death, thereby they committed an offence punishable under Section 302 r/w 34 ipc.