- (1.) These appeals, by special leave, have been directed against the judgment and order dated 22.02.2008 passed by the Madras High Court, Madurai Bench, in Criminal Appeal No.1736 of 2003 and Criminal Appeal No.1807 of 2003, whereby the High Court dismissed the criminal appeals filed by the appellants and confirmed their conviction and sentences for various offences punishable under Sections 148, 302, 201 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").
(2.) The brief facts necessary to dispose of these appeals are that after the Coimbatore serial blasts, a conspiracy was hatched to do away with Dr. Sridhar (deceased), who was BJP Town Secretary at Trichy, and also actively involved in the propagation of the Hindu religion in the town. There were a total of 13 accused that hatched conspiracies in two separate groups to kill Dr. Sridhar and curb the growth of BJP in the city. A1 to A6 formed one group and hatched a conspiracy under the leadership of A1. The second group was formed under the guidance of A8 and included A7 to A13 who conspired at Tirunelveli. Both these groups had planned to kill the deceased in two separate conspiracies at two different places. In pursuance of the conspiracy, A1 to A7 formed an unlawful assembly on 2.2.1999 and attacked the deceased at about 10 p.m. when he was returning back from his clinic. A1 to A6 attacked the deceased with weapons in pursuance of the common object and caused his death and A7 stood nearby unarmed. As claimed by the prosecution, this incident was witnessed by the daughter of the deceased (Lakshmi Priya-PW1), neighbours of the deceased (Domnic Raja-PW2, Sagayarajan-PW3 and Dr. Soundirarajan-PW65) and the night-watchman in the area (Mr. Marimuthu-PW5).
(3.) After investigation, Police filed charge-sheet against all the 13 accused persons. Upon considering the material on record and hearing the counsel on both sides, the accused persons were charged for various offences punishable under Sections 148, 302, 201 and 120-B of the IPC. The charges were read over and explained to them. All the accused persons pleaded 'not guilty' and claimed for trial.;