ALI Vs. INSPECTOR OF MELAPALAYAM MADURAL

JUDGEMENT

(1.) AGGRIEVED by the conviction and sentence imposed by the District and Sessions Judge, Special Court for communal Clashes-Southern District, madurai, by the judgment dated 28-1-2003, made in Sessions Case No. 37 of 2001, accused Nos. 1 to 9 have preferred the above criminal appeal.

(2.) THE prosecution case is briefly stated hereunder :

(3.) THE prosecution examined as many as 41 witnesses as P. W. 1 to P. W. 41, marked Exs. P-1 to P-30 and produced and marked M. Os. 1 to 24. When the accused were questioned under S. 313, Cr. P. C. about the incriminating circumstances found in the evidence of prosecution witnesses, they have denied them either as false or not known. On the side of defence, as many as three witnesses as D. W. 1 to 3 were examined and no documents were marked. The learned Special Judge, accepted the prosecution case and convicted accused Nos. 1, 3 and 8 under S. 147, I. P. C. and sentenced each of them to undergo two years rigorous imprisonment, accused nos. 2, 4, 5, 6, 7 and 9 under S. 148, I. P. C. and sentenced each of them to undergo three years rigorous imprisonment, accused Nos. 1 to 9 under Section 341, I. P. C. and sentenced each of them to undergo one month simple imprisonment, accused Nos. 1, 4 to 9 under S. 302 read with S. 149, I. P. C. and sentenced each of them to undergo life imprisonment and also to pay a fine of Rs. 10,000/- each, in default to undergo two years rigorous imprisonment and accused nos. 2 and 3 under S. 302 read with S. 34, i. P. C. and sentenced each of them to undergo life imprisonment and also to pay a fine of Rs. 10,000/- each, in default to undergo two years rigorous imprisonment. Questioning the same, the accused/appellants have filed the above appeal.