- (1.) Leave granted. 1. Accused No. 2 before the learned Trial Judge is the appellant before us. He along with one Udayakumar and three others were tried for commission of offences punishable u/s. 120B read with Ss. 302, 307, 147, 148 and 149 of the Indian Penal Code.
(2.) The prosecution case shortly stated was as under : Liaqut Ali (PW-1), a school teacher, was a resident of 6th street in TSR Layout in the town of Tirupur. On 09.08.1993, at about 05.30 a.m., he was going to a mosque for offering the morning prayers. He was returning back to his house accompanied by one Rasheed (PW-2) from the mosque. John Basha (deceased) and Usman Ali (PW-3, the injured), were walking ahead of them. Saleem (PW-4) and one Mubarak were behind them.
(3.) When the deceased, PW-2 and PW-3 turned towards a lane which was on the eastern side of the house of PW-2, the appellant and Udayakumar were seen coming from the opposite direction. Appellant allegedly shouted that they were the persons who had thrown the bomb at the RSS office and started stabbing the deceased indiscriminately. PW-3 (Usman Ali) was allegedly stabbed by Udayakumar. When they cried for help, the appellant allegedly picked up a stone and dropped it on the head of the deceased. Appellant and the said Udayakumar thereafter allegedly ran away from the place of occurrence.;