SEKAR Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals have been preferred by Al to A14, namely, Criminal Appeal No. 1102 of 2001 preferred to A3, A8 and A9, Criminal Appeal No. 1126 of 2001 preferred by A5, Crl. A. No. 1159 of 2001 preferred by A1, A2, A4, A10, A11 and A12 and Criminal Appeal No. 20 of 2002 preferred by A6, A7, A13, and A14. The appellants have been convicted and sentenced by the first additional Sessions Judge-cum-Chief Judicial Magistrate, Madurai, by the judgment dated 30.10.2001 in S.C. No. 46 of 2000 in the following manner. <FRM>JUDGEMENT_661_MADLJ(CRI)3_2011_1.html</FRM>

(2.) There are originally 20 accused, namely, A1 to A20. The learned trial Judge acquitted A15 to A20 convicting the appellants Al to A14. The learned Additional Public Prosecutor would submit that A8 and A10 died pending disposal of the Criminal Appeal No. 1159 of 2001. It is seen that the village Administrative Officer has given a certificate, dated 1.12.2010. The perusal of the certificates would reveal that A8 died before two years and A10 died on 22.12.2004. Therefore, in view of the same, the criminal Appeal No. 1159 of 2001 is abated in respect of the appellant A8 and A10.

(3.) The prosecution version as unfolded during the evidence adduced by the prosecution are hereunder: