(1.) ON 29/11/1997, one Selvaraj, a Police Constable, who was on bundobust duty, was murdered by some Muslim fundamentalists in Coimbatore. As a consequence of this murder, there was an utter chaos and confusion prevailed in the City. The accused/hindus thought that the entire Muslim community was responsible for the murder of the said Selvaraj and as an act of revenge, the accused had the common object of committing murder of Muslim public. Accordingly, on 30/11/1997, A1 to A11 along with A14 at the instigation of A12 and A13 murdered four Muslims, viz. , Harris, Habib Rahman, Hariff and Liyagath Ali at C. M. C. Hospital, Coimbatore. On this accusation, A1 to A14 were tried for the offences under Sections 148, 302, 149 read with 302 I. P. C. Ultimately, A4, A12 and A13 were acquitted. The other accused were convicted. Those accused have filed these appeals.
(2.) THE relevant facts for the disposal of these appeals are as follows:
(3.) MR. V. AYYATHURAI, the learned counsel for the appellants would take us through the entire evidence and point out various infirmities in the prosecution case and submit that the prosecution has miserably failed to prove the case beyond reasonable doubt and as such, all the appellants are liable to be acquitted. He would cite the following authorities: (I) 1993 Cri. L. J. 2598 (SC) (Govind Narain V. State of Rajasthan); (II) 1994 (5) Supreme Court Cases 188 (Meharaj Singh V. State of U. P.); (III) 1994 Cri. L. J. 952 (SC) (State of Karnataka V. Mallu Kallappa Patil); (IV) 1995 Cri. L. J. 2921 (SC) (Mangamma Avva V. State of A. P.); (V) 1995 Cri. L. J. 3988 (Megha Singh V. State of Haryana); (VI) 1997 (1) L. W. (Cri.) 24 (2) (M. J. Kumar V. Sahadevan and 3 Others); (VII) 2002 (2) Supreme Court Cases 737 (Deepak Kumar V. Ravi Virmani); (VIII) 2003 Cri. L. J. 894 (Sc) (State of U. P. V. Arun Kumar Gupta); (IX) 2003 Cri. L. J. 1717 (Suresh Chaudhary V. State of Bihar); (X) 2003 Cri. L. J. 2337 (SC) (State of U. P. V. Bhagwant); (XI) 2003 (9) Supreme Court Cases 41 (Jai Pal V. State of U. P.); (XII) 2003 (10) Supreme Court Cases 670 (Maruti Rama Naik V. State of Maharashtra); (XIII) 2003 (11) Supreme Court Cases 203 (State Of Punjab V. Harbans Singh); (XIV) 2004 (10) Supreme Court Cases 583 (Vijayabhai Bhanabhai Patel V. Navnitbhai Nathubhai Patel); And (XV) 2004 (11) Supreme Court Cases 253 (Harjinder Singh V. State of Punjab);
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