MOHAN ALIAS MOHANDAS Vs. STATE

JUDGEMENT

(1.) THE challenge under this Criminal Appeal is the conviction and sentence imposed upon the accused by the Principal Sessions judge, Pondicherry in S. C. No. 46/95 for various offences.

(2.) THE Inspector of Police, Mudaliarpet Police Division, Pondicherry had filed a final report against all the accused/appellants, seeking appropriate punishments under Sections 148, 302 and 324 I. P. C. alleging that on 7. 10. 94 at about 6. 30. p. m. , all the accused formed themselves as unlawful assembly, with the common object of committing riot and in pursuance of the same they have wrongfuly restrained some of the prosecution witnesses, as well as one Kuppan; that with an intention to commit murder they have assaulted Kuppan @ Kuppusamy with deadly weapons, thereby causing his death and that they have also inflicted injuries to some of the prosecution witnesses, in this view they should be dealt with accordingly.

(3.) HEARD the learned Counsel appearing for the appellants 1, 3 4 & 6, Mr. Sankara Subbu and Mr. N. G. L. Sankaran for the appellants 2 & 5 and the learned Additional Public Prosecutor, Pondicherry.