ABUTHAGIR ALIAS THAGIR Vs. STATE

JUDGEMENT

(1.) THE accused, in Sessions Case No. 111 of 2002 on the file of the Court of I Additional Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore , are the appellants.

(2.) THE prosecution case, in brief, which led to the conviction of the accused/appellants is as follows: (a) Thiru Mohamed Yunus (P. W. 20), who is the resident of karumbukadai Saarametti, Coimbatore and doing cloth business, is the Police informer, regarding the illegal activities of Muslim Fundamentalists, especially youngsters. All the accused are the residents of Kottaimedu, coimbatore, where Muslims are living predominantly. After the bomb blasts, preceded by communal riots, in order to track the movements of Muslim youngsters, the Police sought the help of P. W. 20 and when the same came to the knowledge of the accused, they had grievance against P. W. 20, as if he is acting against them and the interests of Muslims. Hence, P. W. 20 was watched by all the accused and in fact, just one month, even after the incident, there was an assault upon P. W. 20 also, for which a case came to be registered. (b) THE accused/appellants, in order to commit the murder of P. W. 20, hatched a conspiracy, between 7. 1. 2001 and 20. 1. 2001 and during that period, on 19. 1. 2001, at about 10. 30 p. m. , when P. W. 20 was coming out of a wine shop, near Karumbukadai, which was witnessed by Thiru Salaludeen-P. W. 11, A. 1 and A. 5, pointing out P. W. 20, had some conversation, which was also noticed by thiru Salaludeen. (c) On 20. 1. 2001, at about 8. 30 p. m. ,when Thiru chelladurai-P. W. 10 was returning from duty, near Karumbukadai, four persons were talking together, which revealed to P. W. 10 that they have decided to finish a work. (d) Prior to the date of incident, one Friday at about

(3.) VERTICALLY oblique stab wound 3. 5 x 1 cm. on the right side back 2 cms. lateral to T12 vertebra. The wound passes oblique forwards, downwards and little outwards in the muscle planes to a depth of 6 cms. The margins of the wound are clean cut. Both ends are pointed.