VISHWANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Viswanathan the petitioner herein in Cr!. RC. No. 543/91 was convicted for the offence tinder Section 380 read with Section 34 I.P.C. and sentenced to undergo R.I. for 4 years and to pay a fine of Rs.2,000/- in C.C. No. 103/88 on the file of the Chief Judicial Magistrate. Chengalpattu. In the appeal in C.A. No. 13/91 filed by him, the learned Sessions Judge. Chengalpattu confirmed the conviction and sentence. Therefore, the petitioner has preferred this Revision.

(2.) The State by the Public Prosecutor representing the Inspector of Police, Kancheepuram Taluk is the appellant in C.A. No. 577/91. The respondents are Arasu Thirunavukkarasu and Viswanathan. Though they were convicted for the offence under Section 380 read with Section 34 I.P.C., the learned Judicial Magistrate. Chengalpattu in C.C. No. 103 of 1988 acquitted them in respect of the offence under Section 45 nw 34 I.P.C. As against this acquittal, this appeal has been filed by the State before this Court.

(3.) Since the parties are the same and both these matters arise out of the same case, a common judgment is being rendered in these revision and appeal. The facts of the case are as follows: