VIJAYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Five accused persons including the present appellants (Accused Nos.1 and 2) were charge-sheeted and were tried, inter alia, for the offence of murder. Four of the accused persons were convicted by the learned trial Court and sentenced to undergo imprisonment for life. In appeal, the High Court while acquitting Accused Nos.3 and 4 maintained the conviction and sentence insofar as accused Nos. 1 and 2 are concerned. Hence the present appeal.

(2.) Pw-1 - John Christopher and PW-29- Raja were examined as eye-witnesses to the occurrence. There is evidence of recovery of blood-stained knives and clothes at the instance of the accused persons. This has been sought to be proved by the prosecution by examining the panch witnesses. Though the learned trial Court accepted all of the aforesaid evidence, the High Court discarded the evidence of P.W.29 as the said witness had failed to identify any of the accused persons in the Test Identification Parade (TIP). The evidence with regard to recovery was also discarded by the High Court as the panch witnesses had turned hostile. The High Court was thus left with the evidence of the sole surviving eye-witness i.e. PW-1.

(3.) The High Court took into account the fact that PW-1 in the TIP had identified accused Nos. 1 and 2 (appellants herein) but had failed to identify accused Nos. 3 and 4. It is on the aforesaid basis that the conviction of the accused appellants had been ordered while at the same time acquittal of Accused Nos. 3 and 4 (which is not in challenge before us) was recorded.