JUDGMENT :

R. SUBBIAH, J.

1. As against the dismissal of the respective Crl. M.Ps. filed by the appellants/accused under Section 437 read with 439 Cr.P.C. the present Criminal Appeals have been filed by them.

2. The case of the prosecution is as follows:

(a) A1 to A5, A-17, A-18 and others are the leaders and workers of Popular Front of India (PFI) and its political organisation called Social Democratic Party of India (SDPI) and they were deputed by the PFI to do ‘Dawah’ work through their institution ‘Arivagam’ in Theni District of Tamil Nadu. While they were engaged in the Dawah work at Paku Vinayakan Thoppu (Pakkanamthoppu) Village, Thiruvidaimarudur, on 05.02.2019, the deceased Ramalingam raised objections against the Dawah work, as poor and downtrodden people were being forcibly converted to Muslim. Annoyed by the protest against their Dawah work and subsequent altercation with the deceased Ramalingam, A1 to A5, A17 and A18, along with the other accused belonging to the PFI and SDPI, conspired to wage ‘Jihad’ against the deceased, who is a non-Muslim, in the said village so as to teach a lesson to the deceased, apart from creating deterrence amongst the public against resisting such Dawah work by the PFI.

(b) Thus, on 05.02.2019 around 8.30 hours, the deceased Ramalingam raised objections to the Dawah work being carried out, as they were allegedly indulging in forcible conversion of the poor people to Islam. Consequently, some verbal altercations took place between the deceased Ramalingam and the accused persons. During such altercation, the deceased removed “Taqiyah” (religious skull cap) worn by A17 and wore it for himself, besides he applied “Thiruneer” (holy ash) on the forehead of A17 to emphasise that all religions are same. The situation was controlled with the intervention of the local villagers and they peacefully dispersed. At the time of verbal altercation, a part of the incident was videographed by the son of the deceased who was also present there with his father. Immediately, A1 to A5, A17 and A18 and others conspired together near the place of quarrel and decided to act against the deceased, so as to create deterrence against such challenges on their Dawah activities, so that no one dares to ever come forward against their proselytising activities. Al left the place in his Bajaj Platina Motor Cycle bearing Registration No. TN-51-R-2910, A2 left the place in his Bajaj Pulsar Motor Cycle bearing Registration No. PY-02-L-5130, while A3 to A5, A17 and A18 and others left the place by a Tempo Traveller (Force) bearing Registration No. TN-21-AJ-2315 to conspire further and carry out the terrorist act.

(c) Further, the matter was taken up by PFI leadership and it was decided that the organisation must act immediately through its members. Consequent to this decision, A1 to A8, A11 and A13 and others, who were PFI members, hatched a criminal conspiracy and assembled near Mohideen Andavar Mosque, Thirubhuvanam (Periya Palli-Big Mosque) around 11 hours on 05.02.2019. A12 and A15 to A18 and others had also conspired and met at PFI Office, Kumbakonam at about 11.30 hours. While A1, A5 to A8, A11 to A13, A15 and A16 and others conspired to meet again near Periya Palli (Big Mosque) around 12.30 hours. Later, A6 to A8, A11 to A16 and others, to hatch a conspiracy, met at the residence of A11 around 13.30 hours and decided to do Jihad against Ramalingam by chopping off his hands and to kill him. Accused persons also conspired over phone with the other accused persons from the places where they met.

(d) In furtherance of the said conspiracy and to execute the plan, A11, who is the coordinator of Dawah work for PFI in Thanjavur District, A12, who is the Thanjavur North District President of PFI and A16, who is one of the leaders of PFI Thanjavur North District, instructed A1 to A5 to inform about the incident, which had happened during the morning hours of 05.02.2019 to the other PFI/SDPI cadres so as to disturb communal harmony and