ALAGARSAMY Vs. STATE

JUDGEMENT

(1.) This appeal is at the instance of the appellants, namely, Alagarsamy, original accused No. 1 (A-1), Ponniah, original accused No. 3 (A-3), Jothi, original accused No. 4 (A-4), Manikandan, original accused No. 5 (A-5), Andichami, original accused No. 7 (A-7), Manoharan, original accused No. 8 (A-8), Renganathan, original accused No. 9 (A-9), Markandan, original accused No. 11 (A-11), Rasam @ Ayyavu, original accused No. 12 (A-12), Sakkaraimurthy, original accused No. 13 (A-13), Alaghu, original accused No. 14 (A-14), Rajendran, original accused No. 15 (A-15), Sekar, original accused No. 18 (A-18), Chockanathan, original accused No. 20 (A-20), Selvam, original accused No. 21 (A-21), Chinna Odugan @ Chinna Ulunthan, original accused No. 22 (A-22), Ramar, original accused No. 40 (A-40). All these accused persons were convicted by the Trial Court, whose judgment was confirmed by the High Court. All of them were convicted for the offences under Section 302 read with Section 34 of the Indian Penal Code (hereinafter called "IPC" for short) and/or Section 149, IPC along with other persons on the allegation that they had committed murder of as many as six persons belonging to Adidravida (a Scheduled Caste) community on 30.6.1997. Basically, the charge against all the 40 accused persons, who were tried, was that they were inimical with the persons of Adidravida community in the Village Melavalavu, as there was an election dispute. This dispute arose on account of the election of Adidravida community person being elected to the post of Pradhan (President), which was not liked by the Caste Hindus. Ultimately, in order to wreck avenges against the people of Adidravida community, an unlawful assembly was formed near a shop in the Village Melavalavu and the persons belonging to Adidravida community were attacked. The further allegation is that some of the Adidravida community persons including the Pradhan and other office bearers had gone to Madurai to meet the Government officials in pursuance of their demands and while they were returning by bus, some of the accused persons entered into the bus, armed, and when the bus came in the Village Melavalavu near Todi Shop, accused persons who had travelled in the bus and others who had gathered near the spot, assaulted the persons belonging to Adidravida community including the Pradhan and the other office bearers of the Panchayat and murdered as many as six persons belonging to Adidravida community. Various charges were levelled against 40 persons including the charge under Sections 148, IPC, 302 read with Section 149, IPC, 302 read with Section 34, IPC, 302 substantively, as also the charge under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As many as 17 persons were held guilty by the Sessions Judge under Sections 148, IPC and also under Section 302 read with Section 34, IPC along with offences under some other Sections. Three appeals were filed at the instance of the accused persons. All the appeals were disposed of by a common judgment of the High Court, dismissing all the appeals and that is how the appellants are before us by way of the present appeal, challenging their conviction and the sentences awarded by the Sessions Judge and confirmed by the High Court.

(2.) Briefly stated, the prosecution case was as follows.

(3.) The gory incident which took place, had its seeds sown in mid 1996, when Melavalavu Village Panchayat was declared to be reserved for the Scheduled Caste people. This was not liked by the caste Hindus of the Village, generally belonging to Ambalakara community and thus, an inimical feeling was being nurtured by the people of this community against the Adidravida persons. So much so that when the elections were declared in the year 1996, some of the houses belonging to the members of the Scheduled Caste were burnt. The election was conducted on 31.12.1996 and one Scheduled Caste candidate namely Murugesan (Deceased No. 1) was elected as President of Melavalavu Panchayat. Even before this election, twice the election had to be cancelled, as on both occasions, the whole election process was thwarted by the caste Hindus.