(Criminal Appeals filed against the judgment dated 18.8.2000 made in S.C.Nos. 126 of 2000 and 181 of 2000 on the file of the II Additional Sessions Judge, Coimbatore.)

Common Judgment (M. Karpagavinayagam, J.)

On 29.11.1997, one Selvaraj, a Police Constable, who was on bundobust duty, was murdered by some Muslim fundamentalists in Coimbatore. As a consequence of this murder, there was an utter chaos and confusion prevailed in the City. The accused/Hindus thought that the entire Muslim community was responsible for the murder of the said Selvaraj and as an act of revenge, the accused had the common object of committing murder of Muslim public. Accordingly, on 30.11.1997, A1 to A11 along with A14 at the instigation of A12 and A13 murdered four Muslims, viz., Harris, Habib Rahman, Hariff and Liyagath Ali at C.M.C. Hospital, Coimbatore. On this accusation, A1 to A14 were tried for the offences under Sections 148, 302, 149 read with 302 I.P.C. Ultimately, A4, A12 and A13 were acquitted. The other accused were convicted. Those accused have filed these appeals.

2. The relevant facts for the disposal of these appeals are as follows:

(a) On 29.11.1997 at about 9.00 p.m., one Selvara