JUDGMENT

THAKKAR, J.:— Villupuram in Tamil Nadu was the scene of an occurrence which culminated in the killing of 9 Harijans and shocked the conscience of the country. In connection with this occurrence which took place ten years back on July 25, 1978, 36 non Harijans were prosecuted. Five of them namely A-6, A-8, A-16, A-31 and A-35 were acquitted by the learned Sessions Judge. The remaining 31 were convicted for various offences under section 302 read with section 34, and/ or section 302 read with section 149, section 302 simpliciter and other sections of Indian Penal Code. Accused No. 1, Accused No. 11 and Accused No. 19 were sentenced to death by the learned Sessions Judge. The remaining accused were sentenced to undergo imprisonment for life. The convicts appealed to the High Court. There was also a reference for the confirmation of the death sentence in regard to A- 1 A- 11 and A- 19. The High Court disposed of both these matters by an exhaustive and well considered judgment giving rise to the present appeal.

2. The High Court confirmed the death sentence imposed on A-1, A-11 and A-19. The High Court confirmed the sentence of imprisonment for life imposed on 16 of the convicts. The High Court acquitted 13 of the convicts who had been convicted by the trial court. In this appeal we are mainly concerned with the death sentence imposed on A-1, A11 and A- 19 and the sentence of imprisonment for life imposed on the other accused who have appealed.

3. It appears that in the first week of July a Harijan woman of Peria colony was molested while returning from a cinema show. Incited by this incident, PW 69 along with his companion is alleged to have assaulted PW 79, a member of the Association of Vegetable Vendors on 23rd July, 1978. PW 79 in his turn reported the matter to the Association and also lodged a complaint with the Police which is Ex.P. 70. On the next day i.e. on July 24, 1978, the Association of the Vegetable Vendors observed a Hartal at Villupuram. A great deal of tension prevailed in Villupuram. There were sporadic incidents of violence. It is alleged that Harijans set fire to the houses of non-Harijans. The non-Harijans in retaliation set fire to the houses of the Harijans of Peria Colony. This rioting continued on 24th and 25th July, 1978.

4. The version of the prosecution is that on the morning of 25th July 1978 rumours spread that the Harijans of Peria colony set fire to the houses of non-Harijans. Incited by such rumours, PW 1 and some others assembled and resolved to catch hold of Harijans of Peria Colony and teach them a leason. In the wake of this development a number of incidents occurred between 9.30 AM and sun set. It is alleged that the victims were brought to Bharathiyar and Dharmaraja streets. They were tied to poles and were assaulted. In the result 9 of the Harijans from Peria Colony succumbed to the injuries inflicted on them.

5. The version of the defence is that the accused have been falsely implicated, since all of them were residents of Maruthur village within the Municipal limits of Villupuram and as the dead bodies were found at Maruthur village and nearabout the said locality. According to them as the dead bodies of the 9 victims who had been done to death were thrown by some unknown assailants who had killed them near the lane the police had implicated them on account of suspicion by reason of the fact that the dead bodies were found near Maruthur village. The trial court has accepted the evidence of 3 injured witnesses namely P.W. 30, P.W. 31 and P. W. 32 and several other witnesses including the evidence of PW l, PW 2, PW 3 and PW 4 who have turned approvers. They were arrested on November 13, 1978 and made confessional statements on November 24, 1978. They have been granted pardon by the trial court. Relying on the testimony of the approvers, three injured eye witnesses, and other witnesses who have supported the prosecution version the trial court has convicted the appellants and sentenced