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 “IPC”) for which the accused were tried are set out herein below:

(1) A 1 to A 9 Section 120B, IPC

(2) A1 to A 5 Section 148, IPC

(3) A 1 to A5 Section 302, IPC

(4) A1 Section 332, IPC

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