JUDGMENT

(Prayer in R.T. No. 4 of 2021: Referred Trial under Section 3 66 Cr.P.C. on the judgment and order dated 24.09.2021 passed in S.C. No.3 of 2019 on the file of the Special Court for Exclusive Trial of SC/ST (PoA) Act Cases, Cuddalore, Cuddalore District.

Common Prayer in all the criminal appeals:Criminal Appeal filed under Section 3 74 (2) Cr.P.C. seeking to set aside the judgment and order of conviction and sentence dated 24.09.2021 passed in Sessions Case No.3 of 2019 on the file of the Special Court for Exclusive Trial of SC/ST (PoA) Act Cases, Cuddalore, Cuddalore District.)

P.N. Prakash, J

Common Judgment

1 Referred Trial No.4 of 2021 arises out of a reference made by the Special Court for Exclusive Trial of SC/ST (PoA) Act Cases, Cuddalore (for brevity “the trial Court”) under Section 3 66 of the Code of Criminal Procedure, 1973 (Cr.P.C) for confirmation of the death sentence imposed on Marudhupandiyan (A.2), vide a judgment and order dated 24.09.2021 passed in Sessions Case (S.C.) No.3 of 2019.

2 In addition, six criminal appeals have been filed by the other accused assailing their convictions and sentences passed vide the judgment and order referred to, supra, passed by the trial Court. In view of the commonality of issues involved, this common judgment shall govern the decision in all the aforesaid cases.

3 The facts present themselves as a complex web of four intricately interwoven narratives. We begin by first setting out certain undisputed facts, and facts that have been proved beyond a cavil.

4 This is a case of an unnatural and untimely death of a newly married couple, Murugesan and Kannagi. The former was a Dalit and the latter belonged to the Vanniyar caste. The place of occurrence is Pudukkoorapettai Village in Cuddalore District. The principal players who were pitted against each other were the Vanniyars and the Dalits.

5 It is common knowledge that the members of the Vanniyar community are caste Hindus, who, in the Chathur Varna, trace their lineage to the Agni Kulas of the Kshatriyas (for reference, see Castes and Tribes of Southern India by Edgar Thurston, C.I.E., Volume-VI, Page 1, MJP Publishers), albeit, for the purpose of reservation, they are classified as Most Backward Community vide G.O.Ms.No.353, Industries, Labour and Cooperation Department dated 31.01.1957 read with G.O.Ms.No.242, Backward Classes Welfare, Nutritious Meal Programme and Social Welfare Department dated 28.03.1989. In fact, in G.O.Ms.No.242, ibid., they are referred to as Vanniyakula Kshathriyas. Whereas, the Dalits are kept out of Chatur Varna and are classified as the Panchamas. The factual context in this case requires to be assessed in the backdrop of this social milieu.

6 Duraisamy (A.1), his son Marudhupandiyan (A.2), Rangasamy (A.3), Kanthavel (A.5), Jothi (A.6), Venkatesan (A.7), Mani (A.8), Dhanavel (A.10), Anjapuli (A.11), Ramadoss (A.12) and Chinnadurai (A.13) belong to Vanniyar caste and are natives of Pudukooraipettai Village.

7 Duraisamy (A.1) was the President of the Pudukkooraipettai Village Panchayat. Kannagi, the other deceased in this case, is the daughter of Duraisamy (A.1). The fact that the accused referred to in paragraph 6 (supra) belong to Vanniyar caste, has not been denied by them. Even in the preamble portion of their statements recorded under Section 313 Cr.P.C., on the information provided by them, the Court has recorded their caste as Vanniyar.

8 Samikannu (P.W.1), his deceased son Murugesan, Ayyasamy (A.4), Ilayaperumal (died during trial), and Gunasekaran (A.9), who are Dalits, hailed from Kuppanatham Village. A few months prior to the date of occurrence in this case, owing to some problem in Kuppanatham Village, Samikannu (P.W.1) relocated his family to the Dalit colony in Pudukkooraipettai Village. This colony is on the outskirts of the village about two furlongs from where Vanniyars and the other caste Hindus reside.

9 Murugesan was born to Samikannu (P.W.1) through his first wife Ambika and after A