JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the conviction of the appellants for offence punishable under Section 302 read with Section 34, Section 120B and Section 148 of the Indian Penal Code, 1860 (in short the ‘IPC’). However, the conviction and consequential sentences imposed for offence punishable under Section 341 IPC was set aside.

2. Background facts in a nutshell are as follows:

Balan Alagiri (PW-5) was working as a Superintendent of Madurai Central Prison during the period May 1996 to October 1998. During that period Krishnan (PW7), Chokkalingam (PW20) were also working on 30/05/1997. One accused detained under TADA was brought from Chennai Central prison and produced before Coimbatore Court and returned back to Madurai Central Prison. When the Assistant Jailor Jayaprakash intend to have body search and examination of identification marks the accused Sahul Hameed refused to allow him to have body search and refused to show identification marks. The intimation was given to PW 20. The accused was taken to his office and was instructed to concede for body search. But he declined to do