SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) The appellants, who are A-1 to A-22 and A-24 to A-26, were tried along with A-23, who has not chosen to prefer any appeal, before the learned Additional District Judge cum Chief Judicial Magistrate, Cuddalore, under various charges. The allegation against them is that they formed themselves into an unlawful assembly at about 10.30 p.m. on 26.6.99 and that A-1 to A-22 and A-24 to A-26, were each armed with deadly weapons, while A-23 was armed with a stick and that in furtherance of the common object of the said unlawful assembly, A-1, A-2, A-5, A-11 to A-15, A-19 to A-21 inflicted injuries on Kumar (D-1) and that A-3, A-4, A-6 to A-10, A-16 to A-18, A-22, A-24 to A-26 cut Anand (D-2) and as a result of the said cut injuries, the two persons died at Krishna hospital run by P.W.17, a private medical practitioner, at 1.00 and 1.15 a.m. respectively on 27.6.99. The learned trial Judge, while convicting A-1 to A-22 and A-24 to A-26 under Section 148 I.P.C., convicted A-23 under Section 147 I.P.C. and sentenced A-1 to A-22 and A-24 to A-26 to one year rigorous imprisonment each and also directed each one of them to pay a fine of Rs.1,000/- with a default sentence of six months R.I. A-23, on being convicted, was sentenced to seven months simple imprisonment and was also directed to pay a fine of Rs.1,000/- with a default sentence of three months S.I. A-1, A-2, A-5, A-11 to A-15 and A-19 to A-21, on being convicted under Charge No.3 for causing the death of D-1, were sentenced each to imprisonment for life and each one of them was also directed to pay a fine of Rs.5,000/- with a default sentence of one year R.I. and similarly, under Charge No.5, A-3, A-4, A-6 to A-10, A-16 to A-18, A-22, A-24 to A-26, on being convicted for the murder of D-2, were each sentenced to imprisonment for life and each one of them was also directed to pay a fine of Rs.5,000/- with a default sentence of one year R.I. Under Charge No.4, A-3, A-4, A-6 to A-10, A-16 to A-18, A-22, A-23 to A-26 were found guilty for sharing the common object of the accused, who were charged under Charge No.3 for causing the death of D-1 and each one of them was sentenced to imprisonment for life and also to pay a fine of Rs.5,000/- with a default sentence of one year R.I. and similarly, under Charge No.6, A-1, A-2, A-5, A-11 to A-15, A-19 to A-21 and A-23 were found guilty for sharing the common object of the accused, who were charged under Charge No.5 for causing the murder of D-2 and each one of them under the said Charge was sentenced to imprisonment for life and they were also directed to pay a fine of Rs.5,000/- with a default sentence of one year R.I. A-23 was acquitted under Charge Nos.4 and 6. The learned Sessions Judge further directed that if the fine amount is collected from the accused, a sum of Rs.1 lakh will be paid to the legal heirs of each of the deceased 1 and 2 as compensation. A-1 to A-22 and A-24 to A-26 challenge their conviction and sentence in the present appeal.

(2.) In this judgment, appellants 1 to 22 will be referred to as A-1 to A-22 and appellants 23, 24 and 25 will be referred to as A-24, A-25 and A-26 and A-23, who did not prefer any appeal for his conviction under Section 147 I.P.C., will be referred to as A-23, in the same order as they were arrayed before the learned Sessions Judge for the sake of convenience.

(3.) The case of the prosecution as could be discerned from the oral and documentary evidence can be briefly summarised as follows:- P.W.2 is the brother of D-1. A-1 and A-2 are brothers and other accused are their associates. P.W.1 and the deceased as well as the accused were residents of Kattunaicken street of Pudhupalayam. D-1, Kumar, was a distant relative of P.W.1 and D-2, Anand, was a friend of P.W.1. D-1 was eking his livelihood by distributing newspapers and D-2 was making a living by doing sentry work at construction sites. D-1 was the Secretary of Democratic Youth Federation of India during the relevant period and D-2 was a member of the said society. D-1 and D-2 were close friends and they used to participate in all agitations. P.Ws.1 to 3, who were the members of the said Democratic Youth Federation of India, also used to do social service of cleaning streets and removing debris, etc. A-1 and A-2 were selling illicit arrack near Kedilam river. As the woman folks had to attend calls of nature by going to the river bank, the activities of A-1 and A-2 was a hindrance to them. The members of the society, therefore, made a complaint at the police station. The police took action and prevented A-1 and A-2 from selling arrack and therefore, the accused had a grievance against the witnesses and the deceased. About six months prior to the date of incident, Kanagaraj, a member of the Society, was assaulted by A-1, A-2, A-7 and another near the tailor shop of A-1 and in respect of that, a complaint was given at the police station, which was registered under Section 307 I.P.C. The case was pending during the relevant period. In the said complaint, D-1 was figuring as a witness. On account of this, A-1 and A-2 could not sell arrack and four days prior to the date of incident, A-1 and A-2 sold arrack through one Rajathi, but D-1 intervened by giving a complaint to the Superintendent, Cuddalore, leading to the arrest of Rajathi. Therefore, the accused grew angry with D-1 and D-2, since when D-1 went to give a complaint to the Superintendent, he was accompanied by D-2, P.W.1 and one Ganesan. They threatened D-1 and D-2 as well as the witnesses that they will not leave them alive. This is said to be the motive for the occurrence, which took place at about 10.30 p.m. on 26.6.99.