(1.) These two appeals, by special leave, can be disposed of by a common judgment as they challenge the judgment and order dated 14/3/2005 passed by the Madras High Court in Criminal Appeal No. 130 of 1997 filed by Swami Kannu, Basavaraj, Kumaran, Kanagaraj and Gnanapazham (original accused 1 to 5 respectively) who are hereinafter referred to as "A1" to "A5" respectively for convenience.
(2.) In Sessions Case No. 151 of 1993, A1 to A5 were charged for offence punishable under Section 147 of the Indian Penal Code. A2 and A4 were charged for offence punishable under Section 148 of the Indian Penal Code. A2 to A5 were charged for offence punishable under Section 341 of the Indian Penal Code. A1 was charged for offence punishable under Section 149 read with Section 341, offence punishable under Section 109 read with Section 324 and offence punishable under Section 109 read with Section 302 of the Indian Penal Code. A4 was charged for offence punishable under Section 324 of the Indian Penal Code. A2, A3 and A5 were charged for offence punishable under Section 149 read with Section 324 of the Indian Penal Code. A2, A3 and A5 were charged for offence punishable under Section 323 of the Indian Penal Code. A2 was charged for offence punishable under Section 302 of the Indian Penal Code. A3, A4 and A5 were charged for offence punishable under Section 149 read with Section 302 of the Indian Penal Code.
(3.) The case of the prosecution needs to be narrated in brief.