STATE Vs. MATHIALAGAN

JUDGEMENT

(1.) The State, aggrieved by the acquittal of the accused/respondents in S.C.No.90/91, on the file of the IIIrd Additional Sessions Judge, Madurai, has preferred this appeal, questioning the correctness of the trial Court's verdict, praying for appropriate punishment against the accused, as per the offences made out, as established by the evidence.

(2.) The Inspector of Police, Uthamapalayam Police Station, had filed a charge sheet, before the trial Court, seeking appropriate punishment against some of the accused under Sections 147, 148, 436, 302, 307, 323, 324 and 325 I.P.C. directly and against some of the accused under Sections 302, 307, 323, 324 and 325 r/w 149 I.P.C., contending, that all the accused, taking advantage of the communal clash between SC/ST people, as well as the Caste Hindu, formed themselves into an unlawful assembly on 18.9.1989 at about 10.00 a.m. at Ammapatty Village, with the common intention of committing riot, then in furtherance of the same, they have torched the houses of the harijan people, assaulted many persons, including some of the witnesses, causing simple injuries also, committed murder of Chinnathambi, Easwaran and Seeniammal, by indiscriminately attacking them, thereby causing fatal injuries, then burning and therefore, all the accused/respondents, should be dealt with accordingly.

(3.) After the committal of the case, the learned III Additional Sessions Judge, took the case for trial. As mandated by Cr.P.C., the learned trial Judge satisfying himself, framed charges against A6, A8 to A19, A21 and A23 to A31 under Sections 147 I.P.C.; against A1, A2, A15 and A25 under Section 302 r/w 149 I.P.C., against A4, A6, A9, A15 and A25 under Section 302 r/w 149; against 5th accused under Section 302 I.P.C., against A14, A23 and A25 under Section 436 I.P.C., against A6 and A22 under Section 307 I.P.C., against A3, A6, A7 and A20 under Section 323 as well as 324 I.P.C., against A31 under Section 325 I.P.C., against A8, A11 to A13, A16 to A19, A21, A24, A26, A28 to A30 under Section 323 I.P.C. The trial Court, framing charges as above, explaining the circumstances, when questioned the accused to plead guilty, they refused to plead guilty, denying their involvement also, in the alleged incident.