ANAND Vs. STATE

JUDGEMENT

(1.) The accused in S.C.No.109/95, on the file of the Principal Sessions Judge, Cuddalore are the appellants.

(2.) Upon final report filed by the Inspector of Police, Nellikuppam Police Station, the accused were directed to face the trial, for the offences under Sections 147, 148, 324 & 302 r/w 149 I.P.C. It is the case of the prosecution, that all the accused formed themselves into an unlawful assembly on 22.4.1994 at about 9.00 p.m. at Sundaravandi Village, with the common object of committing riot, that at that time, A1 and A2 were armed with deadly weapons, that in course of the prosecution of their common object, to commit the murder of one Duraisami Gramani, A2 stabbed him with an iron pipe over his chest, A3 to A5 inflicted various injuries over his body with sticks, that A1 caused hurt to Parimalarangan, while A6 caused hurt to Susila and that in view of their sharing of the common intention, to commit the offence, being a member of an unlawful assembly, in prosecution of the common object of that assembly, each one of the accused is liable to be punished, not only as per the individual act committed by them, but also for the collective act, committed by all, causing the death of Duraisami Gramani.

(3.) The learned Principal Sessions Judge while perusing the materials placed before her, had brought to surface prima facie case, to be proceeded further and in this view, various charges were framed against all the accused. Upon questioning, all the accused refused to plead guilty, denying the story of the prosecution also.