These appeals arise out of the judgment dated 10.02.2011

passed by Madras High Court at Madurai Bench dismissing Criminal

Appeal No.519 of 2002 thereby affirming the conviction of the

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appellants under Section 302 read with Section 149 IPC, Sections

341, 324, 148, 147, 323 read with Section 149 IPC and Section 326

IPC and also the sentence of imprisonment imposed upon each of

them.

2. Briefly stated case of prosecution is that on 12.01.1994, PW2-

Anthony Mududhagam, Deceased Luis John Kennedy and Raja came

to attend funeral of one Jesu (PW2’s cousin). While they were

standing near Sahayam’s (A3) house at about 3.05 p.m., Jesu Adimai

(A1)(since dead), Selvaraj (A2) and Sahayam (A3) armed with

country made bombs in their hands, Selvam (A4) and Antony Innasi

(A5) armed with sickles, Charles (A6), Jerone (A7), Edwinson (A8),

Raj (A9) and Elizabethan (A10) with sticks and Joseph (A11) came

there and confronted the deceased Kennedy, PW2 and Suresh

(PW1) [who just came there to see his father PW2]. Joseph (A11)

instigated all the accused to attack on them. Selvam (A4) attacked

PW1 with sickle on the Left Shoulder. Jesu Adimai (A1) threw one

country bomb which hit the forehead of the deceased and the

deceased fell down. Selvaraj (A2) threw the bomb which hit the right

leg of Raja. Sahayam (A3) also threw a bomb which has fallen on

the ground. Antony Innasi (A5) attacked PW2 on his left shoulder.

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Accused Nos.6 to 10 attacked Raja and PW2 indiscriminately causing

injuries to them. On seeing the by-standers coming towards the spot,

the accused ran away from the scene. Thereafter Johnson (PW-3)

hired a tempo and took the injured to Nagercoil Kottar Government

Hospital. On the way to hospital, Kennedy succumbed to injuries.

Source: IK