LAWS(MAD)-2007-12-499

CHINNAVAN ALIAS SARAVANAN Vs. STATE

Decided On December 19, 2007
CHINNAVAN @ SARAVANAN Appellant
V/S
STATE REP. BY INSPECTOR OF POLICE, ERODE TOWN POLICE STATION, ERODE DISTRICT Respondents

JUDGEMENT

(1.) THE appellant was tried as A1, along with three other accused, in S.C. No. 51 of 2002 on the file of the Principal Sessions Judge, Erode. After trial, he was found guilty of the offences under Sections 366 read with 34,323, 324, 506 (ii) I.P.C. and 376 (2)(g) I.P.C. read with Section 3(2) (v) of Scheduled Tribe Act (Prevention of Atrocities) Act, 1989 and sentenced him to undergo R.I. for 7 years and imposed a fine of Rs.1,000/- in default R.I. for one year for the offence under Section 366 read with 34 I.P.C. imposed a fine of Rs.500/- in default R.I., of 6 months for the offence under Section 323 I.P.C. Life imprisonment and imposed a fine of Rs.1,000/- in default R.I. for one year for the offence under Section 376 (2) (g) I.P.C. read with 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 and imposed a fine of Rs. 1,000/- in default R.I. for one year for the offence under section 324 I.P.C.

(2.) QUESTIONING the above conviction an sentence the present appeal has been preferred by the appellant.

(3.) THE learned Additional Public Prosecutor has further submitted that though A2 and A3 alone had filed appeals questioning the conviction and sentence imposed on them, the Division Bench of this Court on consideration of the evidence let in by the prosecution found A1 and A4 are also guilty. THE said judgment was rendered following the judgment of the Apex Court reported in Gurucharan Kumar and Another v. State of Rajasthan AIR 2003 SC 992 : (2003) 2 SCC 698. Hence, the conviction and sentence against the appellant, namely, A1 was confirmed and no appeal could be entertained as the same is not maintainable.