N MURUGAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals are filed by the accused against the judgment dated 23.8.2001 made in S.C. No. 44 of 1998 on the file of the Additional Sessions Judge, Kanyakumari District at Nagercoil.

(2.) The Court below convicted Accused Nos. 1 to 27, who are the appellants herein, and acquitted Accused Nos. 28 and 29. Insofar A-23 Mahalingam is concerned, since he is re- ported dead, Criminal Appeal (MD) No. 979 of 2001 stands abated.

(3.) The case of the prosecution is that P.W.1 Christudoss was having his business in Arishtam in Nallur. So too the first accused. On account of prior differences between P.W.1 and A-1, as well as regards the construction of CSI Church in Nallur and the polling in Panchayat election, on 9.10.1996 at 9.30 p.m., when the deceased were returning from the church, the accused, along with one Periasamy, with the intention of attacking the deceased with dangerous weapons, unlawfully joined in front of Nallur Veterinary Hospital and caused the murder of Chellappan, Thangappan and one Amirtham, apart from causing injury to others who accompanied the deceased; thereby committed the offences punishable under Sections 147, 148, 323, 324, 307, 302 read with Section 149, I.P.C.