MANI ALIAS MOOLIKUTTY MANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) Of the ten accused, namely, accused Nos. 1 to 10 who faced trial, accused Nos. 1 and 2 alone were convicted by the Additional Sessions Judge, Madurai for the offence under Section 302 read with Section 34 and Section 201 of the Indian Penal Code and sentenced to impriosnment for life and rigorous imprisonment for one year respectively. The rest of the accused, namely, accused Nos. 3 to 10 were acquitted of all the charges. No appeal against acquittal had been preferred by the State. Accused Nos. 1 and 2... aggrieved by their conviction and sentence came forward with this appeal.

(2.) The brief facts are :-

(3.) Upon committal, the learned Sessions Judge framed the following charges against the accused; 3/4 - Firstly, under Section 147 of the Indian Penal Code against accused Nos. 3 to 10; Secondly, under Section 148 of the Indian Penal Code against accused Nos. land 2; Thirdly, under Section 302 read with Section 34 of the Indian Penal Code against accused Nos. 1 to 4. Fourthly, under Section 302 read with Section 149 of the India Penal Code against accused Nos. 5 to 10; Fifthly, under Section 201 of the Indian Penal Code against accused Nos. 1, 2 and 5.