ADDITIONAL DISTRICT SESSIONS JUDGE Vs. MOHAMMED SAFI

JUDGEMENT

(1.) Eight persons were tried in S.C.No.202/2000 on the file of the Additional District Sessions Judge, Fast Track Court No.II, Coimbatore for various offences, including an offence under section 302 I.P.C. (A1 to A4); 302 read with 149 I.P.C. (A5 to A7) and 302 read with 109 I.P.C. (A8). For the offence of murder as referred to above, A1 to A4 were found guilty and they stand sentenced to death; the rest of the accused stand sentenced to undergo imprisonment for life. On account of the death sentence having been imposed, there is a Statutory reference before this court and it is taken on file as R.T.No.1/2003. A1 and A5 have filed C.A.No.122/2003; A2, A3, A6 and A7 have filed C.A.No.123/2003 and A4 and A8 have filed C.A.No.124/2003. Since all the appeals and the referred trial arise out of one sessions case, we are inclined to dispose of the same by this common judgment.

(2.) The case of the prosecution is that at about 9.00 p.m on 29.11.1997, as a sequel to the incident that had taken place at 8.10 p.m in the Investigating Police Station, one Selvaraj, a police constable (traffic) on duty was stabbed to death. The charges as framed against the accused are as follows: A1 to A4 : Section 148 I.P.C. A5 to A7 : Section 147 I.P.C. A1 to A4 : Section 302 I.P.C. A5 to A7 : Section 302 r/w 149 I.P.C. A8 : Section 302 r/w 109 I.P.C. To substantiate the charge, the prosecution examined P.Ws.1 to 8, 14 and 15 as eye witnesses to the occurrence, out of whom, P.Ws.14 and 15 turned hostile.

(3.) To understand the prosecution case, we summarise hereunder the evidence of P.W.1: