As many as 17 persons were held guilty by the Sessions Judge under Sections 148 IPC and also under Section 302 read with Section 34 IPC alongwith offences under some other Sections.
Three appeals were filed at the instance of the accused persons.
18 A 18 , Chockanathan, original accused No.
When the bus reached Village Melavalavu, Doraipandi A 2 shouted at R. Nagaraju PW 14 , the Driver, to stop the bus.
12 A 12 , Sakkaraimurthy, original accused No.
15 A 15 , Sekar, original accused No.
All these accused persons were companyvicted by the Trial Court, whose judgment was companyfirmed by the High Court.
20 A 20 , Selvam, original accused No.
This dispute arose on account of the election of Adidravida companymunity person being elected to the post of Pradhan President , which was number liked by the Caste Hindus.
40 A 40 .
21 A 21 , Chinna Odugan Chinna Ulunthan, original accused No.
5 A 5 , Andichami, original accused No.
4 A 4 , Manikandan, original accused No.
8 A 8 , Renganathan, original accused No.
It has companye in the evidence that Murugesan was beheaded and his head was carried by Algarsamy A 1 .
22 A 22 , Ramar, original accused No.
Their appeals were also dismissed by the High Court.
13 A 13 , Alaghu, original accused No.
7 A 7 , Manoharan, original accused No.
11 A 11 , Rasam Ayyavu, original accused No.
Various charges were levelled against 40 persons including the charge under Sections 148 IPC, 302 read with Section 149 IPC, 302 read with Section 34 IPC, 302 substantively, as also the charge under Section 3 1 x of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989.
On the fateful day, Murugesan deceased No.
The accused pleaded ignorance, however, as has been stated, as many as 17 persons came to be companyvicted by the Sessions Judge.
Inquest Panchanamas and Spot Observation Panchanamas were prepared.
So much so that when the elections were declared in the year 1996, some of the houses belonging to the members of the Scheduled Caste were burnt.
14 A 14 , Rajendran, original accused No.
508 of 1997 for offences under Sections 147, 148, 341, 307 and 302 IPC, as also under Section 3 1 x of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989.
9 A 9 , Markandan, original accused No.
When the bus reached Melavalavu, one Kumar PW 2 and Chinnaiya PW 3 got at the bus and at that time, 5 accused persons, namely, Algarsamy A 1 , Doraipandi A 2 , Jothi A 4 , Manikandan A 5 and Manivasagam A 6 boarded the bus.
Blood stained articles were seized from the bus and from other places.
All the appeals were disposed of by a companymon judgment of the High Court, dismissing all the appeals and that is how the appellants are before us by way of the present appeal, challenging their companyviction and the sentences awarded by the Sessions Judge and companyfirmed by the High Court.
They were given first aid and were provided transport for being taken to Madurai Government Hospital.
Ultimately, in order to wreck avenges against the people of Adidravida companymunity, an unlawful assembly was formed near a shop in the Village Melavalavu and the persons belonging to Adidravida companymunity were attacked.
They started murderous assault on Murugesan deceased No.
This incident was seen by Krishnan PW 1 , Kumar PW 2 and Chinnaiyya PW 3 , who were also injured, having been assaulted by some of the accused persons.
Prosecution alleged that one Krishnan PW 1 was also travelling by the said bus.
Grief and fear stricken Krishnan PW 1 , Kumar PW 2 and Chinnaiyya PW 3 , who were injured, managed to reach Melur Government Hospital on bicycle.
The further allegation is that some of the Adidravida companymunity persons including the Pradhan and other office bearers had gone to Madurai to meet the Government officials in pursuance of their demands and while they were returning by bus, some of the accused persons entered into the bus, armed, and when the bus came in the Village Melavalavu near Todi Shop, accused persons who had travelled in the bus and others who had gathered near the spot, assaulted the persons belonging to Adidravida companymunity including the Pradhan and the other office bearers of the Panchayat and murdered as many as six persons belonging to Adidravida companymunity.
Even before this election, twice the election had to be cancelled, as on both occasions, the whole election process was thwarted by the caste Hindus.
The blood stained articles were sent to the forensic science laboratory and after companypleting the investigation, the chargesheet came to be filed on 25.9.1997.
The other eye witnesses were Moorthy PW 4 , Periyavar PW 5 , Palani PW 6 , Ganesan PW 7 , Yeghadesi PW 8 , Myavar PW 9 , Kalyani PW 10 and Karuppan PW 11 .
5 , Sevagamoorthi deceased No.
55 material objects were also produced.
The DSP took up the investigation, formed a special team and reached the spot without wasting any time and companymenced the investigation.
The incident came to the knowledge of Rajshekharan PW 47 , Inspector of Police at about 5.30 p.m. He reached the Hospital, recorded the statement of Krishnan PW 1 and on the basis of the same, registered Crime No.
He dispatched the companyies of the First Information Report FIR to the Judicial Magistrate, Melur, as also to his superior Dy.
They companyld number meet the Collector, as he was number available, therefore, one Kanchivanam PW 12 was asked to wait in their office and the others boarded the bus from Madurai.
1 , Mookan, Vice President deceased No.
The election was companyducted on 31.12.1996 and one Scheduled Caste candidate namely Murugesan Deceased No.
Briefly stated, the prosecution case was as follows.
1 and others, who were in the bus, as also some others, who were in the crowd.
Basically, the charge against all the 40 accused persons, who were tried, was that they were inimical with the persons of Adidravida companymunity in the Village Melavalavu, as there was an election dispute.
The incident was also witnessed by Moorthy PW 4 , Periyavar PW 5 , Palani PW 6 , Ganesan PW 7 , Yeghadesi PW 8 , Mayavar PW 9 , Kalyani PW 10 and Karuppan PW 11 .
Prosecution alleges that they were armed.
Superintendent of Police, District Crime Branch, Madurai.
The gory incident which took place, had its seeds sown in mid 1996, when Melavalavu Village Panchayat was declared to be reserved for the Scheduled Caste people.
1 was elected as President of Melavalavu Panchayat.
At the Trial, as many as 50 witnesses were examined and 121 documents were got proved.
The bodies were also sent for Post Mortem.
3 A 3 , Jothi, original accused No.
3 and some others had gone to Collectors Office, Madurai for claiming companypensation for the damage caused to the houses of three persons, which houses were burnt.
2 defence witnesses were examined and as many as 19 documents were got proved by the defence, they being D 1 to D 19.
The Driver PW 14 stopped the bus and at that time, all the accused persons surrounded the bus with weapons.
2 , Chelladurai deceased No.
All of them were companyvicted for the offences under Section 302 read with Section 34 of the Indian Penal Code hereinafter called IPC for short and or Section 149 IPC alongwith other persons on the allegation that they had companymitted murder of as many as six persons belonging to Adidravida a Scheduled Caste companymunity on 30.6.1997.
This was number liked by the caste Hindus of the Village, generally belonging to Ambalakara companymunity and thus, an inimical feeling was being nurtured by the people of this companymunity against the Adidravida persons.
S. SIRPURKAR, J. This appeal is at the instance of the appellants, namely, Alagarsamy, original accused No.
1 A 1 , Ponniah, original accused No.
