PANEER SELVAM ALIAS PANEER A1 Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals have been preferred under Section 374 Cr.P.C. against the judgment of the learned Additional District Sessions Judge, Fast Track Court No.III, Coimbatore made in S.C.No,242 of 2006 dated 14.6.2007. Common Judgment This judgment shall govern these two appeals viz., Crl.A.No,586/2007 filed by A1, A3 , A4 & A5 and Crl.A.No,682/2007 filed by A2, whereby these appellants stood charged, tried and found guilty as follows: Accused Charges Findings Sentence A1 S.120(b)IPC Guilty 2 years R.I. A1 S.147 IPC Not Guilty ... A1 S.148 IPC Guilty 3 years R.I. A1 S.302 IPC Guilty Life imprisonment along with fine of Rs.1000/- i/d three months R.I. A2 S.120(b) IPC Guilty 2 years R.I. A2 S.147 IPC Guilty 2 years R.I. A2 S.302 r/w 109 and 120(b)IPC Guilty u/s 302 IPC Life imprisonment along with fine of Rs.1000/- i/d three months R.I. A3 S.120(b) IPC Guilty 2 years R.I. A3 S.147 IPC Guilty 2 years R.I. A3 S.302 r/w 109 and 120(b)IPC Guilty u/s 302 IPC Life imprisonment along with fine of Rs.1000/- i/d three months R.I. A4 120(b) IPC Guilty 2 years R.I. A4 S.147 IPC Not Guilty .... A4 S.148 IPC Guilty 3 years R.I. A4 S.302 IPC Guilty Life imprisonment along with fine of Rs.1000/- i/d three months R.I. A5 S.120(b) IPC Guilty 2 years R.I. A5 S.147 IPC Not Guilty .... A5 S. 148 IPC Guilty 3 years R.I. A5 S.302 IPC Guilty Life imprisonment along with fine of Rs.1000/- i/d three months R.I. The sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of these appeals can be stated as follows:

(3.) ADDED further learned counsel, all the answers given by P.W.1 at the time of cross examination would indicate that he could not have been present at the time of occurrence. P.W.1 has stated that he did not give the names of the accused in Ex.P1 report but their names are found. All would go to show that P.W.1 would not have seen the occurrence at all. Only after the occurrence had taken place, P.W.1 would have been informed about the occurrence and then, he would have gone to the place of occurrence and after seeing the dead body, he has given the false report. Even the medical opinion canvassed by the prosecution through the post mortem doctor that Babu died of homicidal death will not help the prosecution case to bring home the guilt of the accused.