BASHEERA BEGAM Vs. MOHAMMED IBRAHIM

JUDGEMENT

(1.) These appeals are against the judgment and order dated 21.11.2006 passed by the Madurai Bench of Madras High Court, allowing Criminal Appeal Nos. 834, 835, 836, 895, 926, 934 and 938 of 1998, setting aside the judgment and order dated 6.10.1998 of conviction passed by the Additional Sessions Judge, Pudukottai in S.C. No.108/1996, and acquitting all the eight accused persons (A1 to A8). While all the eight accused had been convicted under Section 120B of the Indian Penal Code of criminal conspiracy, A1, A2 and A7 had also inter alia been convicted under Sections 302/34 of I.P.C for murder of the deceased Raja Mohammed, hereinafter referred to as the first Deceased ('D1'), and his friend Raj Mohammed son of Ibrahim, the Accused No.4 (A4), and hereinafter referred to as the second Deceased ('D2').

(2.) Criminal Appeal Nos.417 and 416 of 2010 have respectively been filed by Basheera Begum, the wife of D2 who deposed in the trial as the 3rd Prosecution Witness (PW-3) and Sahul Hameedhu uncle of D1, being the complainant, who deposed as the 1st Prosecution Witness (PW-1). Criminal Appeal Nos. 408-414 of 2010 have been preferred by the State, challenging the acquittal of the eight accused.

(3.) The 1st Accused Jaffer Ali (A1) and D2 are brothers and sons of the 4th Accused, Mohammad Ibrahim (A4). The 3rd Accused, Abdul Hameedhu (A3) is younger brother of A4 and uncle of D-2 and A-1. The 5th Accused Sheikh Dawood (A5) and the 6th Accused, Basheer Ali (A6) are relatives of A1, A3, A4 and D2. The wives of A3 and A6 are sisters. The 2 nd Accused Balu @ Balusamy (A2) and the 7th Accused, Krishnan (A7), both residents of Karaikudi are allegedly henchmen of the 8th Accused, Ramasamy Ambalam(A8) of Unjanai Village near Karaikudi, a friend of A3. A4, A5 and A7 have since died. A7 had died while his Appeal before the High Court was pending. The appeals against the acquittal of A4 and A5 in this Court, have abated.