ANTHONY Vs. STATE

JUDGEMENT

(1.) 11/06/1982, was a black day in the annals of Ayyapuram Village, a hamlet of Puliyangudi. Communal disharmony, between muslims and harijans in a group, opposed to caste Hindus, had led to murder, arson, robbery, mischief causing hurt and killing of cattle at Ayyapuram, on that fateful day.

(2.) The investigating Police charge sheeted 106 adults and a juvenile, as the offenders in this crime. Subsequent death of the juvenile excluded him from this prosecution. Of the 106 accused charge sheeted, Shabmuga Ayya shown as A. 77 in the charge-sheet absconded and the case against him was split up. Though Thangavelu shown as A. 93 in the chargesheet also absconded, initially, before commencement of trial, he surrendered and was shown as A. 104, Vellachamy Thevar listed as A. 103 in the charge-sheet died before trial; Thus in S.C. 16 of 1985 on the file of the II Additional Sessions Judges, trial was held against 104 accused alone, since one died before trial and the other continued to abscond. Of them, A. 2, Antony, A. 3 Krishna Thevar alias Ramakrishna Thevar; A. 4 Ayyankutti Thevar; A. 5 Myyalu alias Michal; A. 7 Kasipandi; A. 12 Shanmugha Thevar alias Kasi Pandi; A. 13 Durairaj; A. 17 Seeni and A. 23 Mukkaiya are the appellants. The other accused were acquitted by the trial Court. Details of convictions and sentences recorded and imposed on the appellants will follow.

(3.) Chandran, Subbiah alias Jayaseelan, Puttan alias Yowan, Masilamani and Madathi, hereinafter referred to as D. 1 to D. 5 in seriatim, were done to death. 24 persons sustained hurt, six grievously of whom PWs. 4, 8, 19 to 24, 26 to 31, 33, 35 and 37 were put in the witness box. 40 houses and a few hayricks were set fire to. From the burnt houses, properties were looted.