PINAKI CHANDRA GHOSE,J. - (1.) Brief facts giving rise to the initiation of criminal proceedings in these cases are as follows: A gruesome incident occurred in Taluk Ramanathapuram, District Tamil Nadu in which the appellants, the deceased and few witnesses were related to each other. As per prosecution case, on 10.02.1994, accused persons assembled unlawfully with deadly weapons and with the common intention to commit murder, they chased the family members of deceased Rajendran when they got down from the bus in the village near Karisalkulam Branch Road. They were coming back to their village after attending the cremation of Rajendran, who died in another case on 09.02.1994, and the appellants herein and few others were accused in that case. The accused persons, in a gruesome attack on the family members, murdered 8 persons, including one who succumbed to the injuries later in the Hospital. PW-1 immediately after the occurrence proceeded to Kovilankulam Police Station and lodged the complaint, Ex.P1. PW-22 who was the Sub-Inspector of Police at Kovilankulam Police Station registered the case as Crime No.6 of 1994 under Sections 147, 148, 324, 307, 302 of the Indian Penal Code ("IPC") and under Section 25(1) of Indian Arms Act. After completing the investigation, PW-23 filed the charge-sheet against the accused persons under Sections 147, 148, 324, 307, 506(ii), 307 and 302 read with Section 34 IPC.
(2.) Originally there were 21 accused persons. Accused Chandran died during the investigation. Hence, 20 accused persons (A1 to A20) were tried by the Court of Additional Sessions Judge, Fast Track Court, Ramanathapuram. However, accused No.7 ­ Murugan @ Kodarai died during the trial. The learned Additional Sessions Judge, Fast Track Court, Ramanathapuram, convicted A1 to A6 and A8 to A20 each and sentenced them to undergo rigorous imprisonment for various offences. A18 ­ Malaiyandi died during the pendency of the appeal before the High Court. The learned Additional Sessions Judge found the occurrence to be a brutal and gruesome attack by the accused persons forming unlawful assembly and causing death of eight persons, including a 1 1/2 years child, with a common objective of eliminating everyone in the deceased's family.
(3.) Learned Additional Sessions Judge delivered his judgment on 30.05.2006, holding all the accused persons guilty and sentenced them as follows: JUDGEMENT_13_LAWS(SC)12_2016.jpg;