SHEIK MEERAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) R.T. No. 4/98 is fixed for confirmation of the death sentence passed against A.1 to A.3 by the Principal Sessions Judge, Tirunelveli in S.C. No. 392/97. The accused Nos. 1 to 6 in the said case have filed Criminal Appeal No. 1010/98 challenging the conviction and sentence passed against them by the said Court.

(2.) The Deputy Superintendent of Police, Crime Branch, Kanyakumari District at Nagercoil has filed a charge-sheet alleging that due to previous enmity on 29-11-1994 at about 10.45 a.m. when the deceased Ayyavoo, who was an accused in a case before the Judicial Magistrate (II), Nagercoil, came to the Court, the accused Nos. 1 to 7 and another accused whose name and identity not known formed themselves into an unlawful assembly, that the accused 1, 2, 5, 6 and 7 armed with sickles and 3rd accused with knife, 4th accused with country bombs had gone to the said Court incited the commission of a terrorist act, that A.1 and A.4 possessed country bombs unlawfully within the notified area, that the first accused knowingly had thrown a country bomb to endanger the life of Ayyavoo or to cause serious injury to him on the verandah of Judicial Magistrate Court, that inside the Court Hall A.1 cut Ayyavoo with sickle, that the 2nd accused inflicted cuts on the chest and neck with sickle, that the 3rd accused stabbed Ayyavoo below the left arm-pit, that accused 1 and 2 cut on the face and head of Ayyavoo indiscriminately and thereby A.1 to A.3 caused his death, that accused 4 to 7, who were members of unlawful assembly at that time along with accused 1 to 3, that A.5 when inflicted cut on Ayyavoo, the same was slipped over the left side arm of the Record Clerk Vimala Rani and caused a grievous injury, that A.6 cut one Kumar on his head and backside of his head and caused grievous hurt, that accused 1 to 3 dragged the body of Ayyavoo stating that they have committed the murder in the Court itself and no Court, no Police and nobody can take action against them and they are the kings and threatened the persons and the Advocates present in the Court ran away to take shelter with fear and committed terrorist acts, that the 4th accused had thrown a country bomb on the side of the Sessions Court, that at about 11.00 a.m. at Sivathanu Street, Nagercoil the accused 1, 2, 5, 6 and 7 had shown sickle to one Shaju Stallin and committed robbery of a bullet motorcycle bearing registration TNK 5262, that the 3rd accused who was amember of the unlawful assembly shared the common intention of the other accused, that A.1 to A.7 had thrown another country bomb in front of Collectorate, and thereby committed offences punishable under Sections 147, 148, 324, 326, 302, 506 (II), 392 r/w. Sec. 149, IPC and under Sections 3 and 5 of the Indian Explosive Substance Act, and Sections 3 and 5 of the TADA Act.

(3.) The charge-sheet was received by the TADA (designate) Court, Tirunelveli and was taken on file as TADA Case No. 1/95. As per the order of the High Court, Madras in Roc. 361, 97-G.1 dated 12-3-1997, the case was transferred to the file of the Sessions Judge, Nagercoil and the same was taken on file as Sessions Case No. 45/97. Once again, as per the order passed by this Court in Criminal M.P. Nos. 2821 and 2822/97 dated 6-8-1997 the case was transferred to the Court of the Sessions Judge, Tirunelveli and the same was taken on file in SC No. 392/97.