ARULANANDU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal by 76 accused (alleged to be the residuum of 1,000 rioters) in S. C. Nos. 41 and 42 of 1950 on the file of the Court of Session, West Tanjore division. In these two cases, popularly known as the Nanalur Rioting Case, there were in all 122 accused before the Court of Sessions. The charges against them were as follows:

(2.) That you, accused 1 to 122, at or about the same time and place, and in the course of the same transaction, did an act, to wit, armed yourselves with sticks; 'aruvals' and other deadly weapons, and attacked the Police party with stones, causing injuries to the Policemen with such intention and under such circumstances that if by that act, you had caused the death of the Policemen you would have been guilty of murder, and thereby committed an offence punishable under Section 307 of the Indian Penal Code, and within my cognizance.

(3.) That you accused 1 to 122, at or about the same time and place, attempted to commit dacoity, an offence punishable under section 395 of the Indian Penal Code, and within my cognizance. And I hereby direct you to be tried before me on the said charges. Dated, this the 31st Day of July, 1950. (Sd) K. SRINIVASAN, Sessions Judge." The learned Sessions Judge convicted 73 of the appellants unaer Section 147, I.P.C., and 3 of the appellants, namely accused 44, 47 and 49, who had been armed with deadly weapons during the course of the riot, under Section 148, I.P.C., and acquitted the rest. In view of the fact that all these accused had been in remand for more than two years during the pendency of this longdrawn- out trial, he sentenced accused 44, 47 and 49 to undergo rigorous imprisonment for one year each and the other 73 accused to undergo rigorous imprisonment for 9 months each. He directed all the sentences to run along with any other sentences which they might be undergoing.