- (1.)In these appeals preferred by Accused Nos.1 to 4 (hereinafter referred to as 'A-1, A-2, A-3 and A-4'), the Appellants herein seek to challenge the judgment passed by the Division Bench of the High Court of Judicature at Madras. The Division Bench by the impugned judgment dated 23.07.2008 in Criminal Appeal No.359 of 2005 confirmed the conviction and sentence imposed by the learned Sessions Judge in the judgment dated 06.04.2005 in SC No.240 of 2003.
(2.)Shorn of unnecessary details, the case of the prosecution was that PW-1 by name Alim George was a resident of Kaliba Sahib Street in Nagur Town. He was living with his three wives by name Fatima, Sayeeda (deceased) and Sameema and their mothers, his daughter Jeni, his son Jaffer Hussain, Rahana sister of his deceased wife Sayeeda, one of his friends by name Goodnameshah PW-2 and his nephew Niyaz Ahmad PW-3 were also living along with him. PW-1 stated to have worked as Imam in some mosque in Koothanallur before setting up his residence in Nagur. He also stated to have worked as Principal in the Melapalayam Arabic college. He has also worked as Imam in a mosque in Malaysia apart from serving as a teacher in a Madrasa at Udumalaipet. His guru was stated to be one Sayed Ali Sahib in Nagur.
(3.)There were certain allegations against PW-1 to the effect that he was indulging in certain nefarious activities, namely, exploiting women folk by drugging them and also thereafter blackmailing them. At the instance of PW- 23, a report appeared about the nefarious activities in a magazine called "Yevukanai". According to the prosecution, the said report provoked the accused along with three others, two of whom were also prosecuted before the trial Court which resulted in their involvement in the present crime alleged against them.