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2006 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
N. Kirubakaran, J
Khaja Hussain and Others v. Inspector of Police Coimbatore


Advocates:
For the Appellants/Petitioners: A. Sirajudeen
For the Respondents: E. Raja

1. Aggrieved by the judgment of the trial Court, convicting the appellants / accused 1 to 4 for the offences under S.302 read with 34, IPC and sentencing them to undergo life imprisonment and also to pay a fine of Rs. 1,000/- each, the appellants have filed this appeal.

2. Originally, the appellants were tried for the offences of having committed murder of one Murthy and attempting to commit the murder of PW 2 Murugan under S.302 and S.307 read with 34, IPC respectively.

3. The trial Court acquitted the appellants / accused in respect of the charge under S.307 read with 34, IPC and convicted them for the offence under S.302 read with 34, IPC.

4. The short facts would be summarized as follows :
"(a) Appellants / accused are the Muslims and the victims are the Hindus. Since one Muslim fundamentalist, by name, Palani Baba was brutally murdered by Hindu fundamentalist at Pollachi in Coimbatore District, there was a continuous hatred between Muslims and Hindu, which resulted in the incidents of rioting and setting fire to Hindu's properties. Both the accused and the deceased were residing at Erimedu village. 500 Muslim families and 200 Hindu families were residing in that village. Having ha




























































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