HAROON ISMAIL RIFAYEE Vs. STATE

JUDGEMENT

(1.) The Appellants are the Accused 1, 2, 3, 5 and 7.

(2.) The facts in brief which are necessary for the disposal of these Criminal Appeals are follows:- P.W.1 Thangamuthukrishnan is the husband of the deceased Tmt. Thangam. He is residing at No.953, Main Road, Nagoor, Nagapattinam District for the past 25 years. About 10 years prior to the occurrence he was in Hindu Front. In 1995 he was District Secretary of Hindu Front in Nagai District. There was a difference of opinion and enmity between Hindu Front and Muslim organization. There are several cases pending between them. On 1.7.1995 he attended a meeting of Hindu Front at Thiruparaithurai near Trichy and returned back to his house at 3.00 a.m. On 2.7.95 at 6.00 a.m. when he got up from the bed his wife told him that on the previous day a telegram was received by her. He had gone through the telegram. It is stated in the telegram that one G.Ravi wanted to meet him in his house on 3.7.95 regarding some urgent work and requested him to be in his house. He was in his house till 9.45 a.m. Ravi is not known to him. Since P.W.1 has to appear before the Judicial Magistrate Court at Nagapattinam, he went to Court compound Nagapattinam. At 11.00 a.m. some known persons came to him and informed that there was a bomb blast in his house and his wife sustained fracture over her hand and she was admitted in General Hospital Nagapattinam. At 11.15 a.m. he rushed to General Hospital, Nagapattinam when he came near the hospital his brother-in-law P.W.2 Nagaraj came over there and informed him that there was a bomb blast and his wife was injured in that. P.W.2 also informed that a parcel was received by his wife and when it was opened it was blasted. P.W.1 and P.W.2 rushed to the hospital and his wife sustained injuries all over her body including her stomach and both the hands and both the hands were hanging. When he interacted with his wife, she told that postman gave the parcel and when she opened, a bomb exploded and she sustained injuries.

(3.) P.W.36 Dr.Sangamitra was attached to Government Hospital, Nagapattinam and on 3.7.95, when she was on duty at casualty at 11.00 a.m. Smt.Thangam w/o Thangamuthukrishnan was brought by her brother P.W.2 Nagaraj. She told that at 10.30 a.m. postman gave a tapal and when she opened it, it exploded, she was conscious and she answered all questions in one word and she was not able to know about her pulse and blood pressure status. She found the following injuries all over her body.