KAMAL AND ORS. Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal by Special Leave challenges the judgment and order dated 28.06.2006 passed by the High Court of Judicature at Madras dismissing Criminal Appeal No.572 of 2003 preferred by the appellants herein and thereby affirming the conviction and sentence recorded against them by the Principal Sessions Judge, Coimbatore in Sessions Case No.344 of 2002.

(2.) One Sultan Meeran hereinafter referred to as Sultan, resident of Coimbatore fell in love with a Hindu girl, converted her to Islam and married her. Thereafter he converted another Hindu girl to Islam and married her as well. This conduct on the part of Sultan, according to the prosecution, enraged the first appellant who one month prior to the incident in question had gone to the house of the deceased. He called Sultan and stated that he was converting Hindu girls to Islam and marrying them and that there was danger to Hindu Religion because of him and that if he were to continue such conversions the things would become different and that he must save his life, if possible. At that time the father of Sultan, i.e. PW 8 Abdul Ajeezkhan was present in the house.

(3.) On 26.03.2002 the car belonging to Sultan had gone to the workshop of PW-11 Venu Gopal for repairs. After the car was ready to be picked up, Sultan along with his younger brother PW-1 Abdul Kadhar went to the workshop on the motor-cycle of said PW-1. Sultan had told his elder brother PW 9 Abudhaheer that he and PW-1 would return after having dinner at Galaxy Restaurant. After picking up the vehicle, Sultan and PW-1 had their dinner in the Restaurant and when they came out around 10:35 p.m., Sultan suggested that they would go to the adjoining club named Snooker World.