Indu Malhotra JUDGMENT
Abhay Manohar Sapre, J.
1. This appeal is directed against the final judgment and order dated 08.11.2006 passed by the High Court of Madras in Criminal Appeal No. 1200 of 2003 whereby the High Court dismissed the appeal filed by Appellant herein.
2. In order to appreciate the issues involved in this appeal, it is necessary to set out the facts of the case in detail hereinbelow.
3. The case of the prosecution may be briefly stated as follows.
4. In all nine persons were tried for commission of various offences in Session Trial No. 239 of 2000 by the Additional Court of Sessions (Fast Track No. 111) Coimbatore.
5. The details of the offences under the Indian Penal Code (for short "Indian Penal Code") for which the Accused were tried are set out herein below:
| (1) | A - 1 to A- 9 | Section 120-B, Indian Penal Code |
| (2) | A-1 to A- 5 | Section 148, Indian Penal Code |
| (3) | A- 1 to A- 5 | Section 302, Indian Penal Code |
| (4) | A-1 | Section 332, Indian Penal Code |
6. On 19th August 1991, some posters were found pasted on the walls of public streets in the city of Coimbatore. These posters contained threats that seven persons belonging to a particular community would be killed. One person, out of the seven named person, was "Siva Kumar @ Siva".
7. Siva on coming to know of his name being published in the poster scolded in filthy language the members of a particular community in a public meeting held on 30.08.1991, as according to him, the members of that community had pasted such posters wherein he and six others named therein were given threat of murder.
8. On 01.09.1991 between 2.30 p.m. to 3.30 p.m., all the nine Accused (A-1 to A-9) assembled in the house of the Appellant (A-6) and they hatched a criminal conspiracy to murder Siva. In furtherance of the criminal conspiracy, on 05.09.1991, around 7.45 a.m. Accused (A-1 to A-5) along with one absconded Accused armed with deadly weapons assembled at Kovai Mill Road, Coimbatore and Accused (A-1 and A-3) attacked Siva with knife, who was passing through the road. Accused (A-1) also stabbed one Constable Chinnathambi (PW-1) with knife, who had come to the spot. Injured Siva was taken to the nearest hospital where he succumbed to injuries and was declared dead.
9. This incident led to arrests of nine accused. Investigation was carried out and after completing it, the charge-sheet was filed against the nine Accused and they were put to trial for commission of various offences as detailed above. By order dated 29.07.2003, the Sessions Judge convicted the Accused persons as under:
The punishment of l........