STATE Vs. THANDAPANI

JUDGEMENT

(1.) THE appeal is at the instance of the State, against the acquittal of accused 1 to 10 in the Sessions Case No. 204 of 1988 on the file of the First Additional Sessions Judge, Madurai. The revision is at the instance of PWI in the said Sessions case, against the order of acquittal passed by the Sessions Judge against all the accused.

(2.) RESPONDENTS 1 to 10 in Criminal Appeal No. 79 of 1990 and the respondents 1 to 10 in Criminal Revision Case No. 310 of 1989, who stood trial before the learned Sessions Judge, will be referred to as accused 1 to 10 (A1 to A 10) respectively for the sake of convenience.

(3.) THE learned Sessions Judge has framed a charge under Section 302, IPC read with Section 109, IPC against Al on an allegation that on the night of 18 -8 -1987, he convened a meeting of the people of Thideer Nagar and requested their help to finish off the deceased Oolaipandi and as a result of the said abetment, A2 to AI0 in the case, murdered the deceased, Oolaipandi. A2 to AIO were charged under Section 148, IPC under charge No.2 on an allegation that at 10.45 p.m. on 21 -8 -1987, the accused mentioned in the charge have formed themselves into an unlawful assembly and A2, A3, A5 to A10 were in possession of knives and that A4 was armed with an 'Aruval', with a common object to commit rioting and under charge No.3, the accused 2 to 10 were charged under Section 302, IPC read with Section 34, IPC on an allegation that the accused mentioned in the charge, in furthereoce of the common intention to cause the death of Oolaipandi, A2 stabbed him indiscriminately on the back of the chest, A3 stabbed him on the abdomen and the flank and A4 cut the deceased on the head, the neck and the other parts of the body, A5 stabbed the deceased on the neck face and other parts of the body and that A6 to A10 stabbed the deceased indiscriminately, as a result of which the deceased, Oolaipandi, died. Charge No.4 was against A2 and A3 for the offence under Section S06, Part II, IPC for intimidating PWs 2 and. 3 after the incident, by showing dangerous weapons.