STATE BY THE INSPECTOR OF POLICE Vs. BASHEER

JUDGEMENT

(1.) ALL these appeals arise out of judgment dated 28.10.2005 made in S.C. No. 301 of 2003 on the file of the Court of Additional Sessions Judge/Fast Track Court No. Ill, Vridhachalam. C.A. No. 69 of 2006, is filed by the State for enhancement of sentence to the accused. C.A. No. 1096 and 1097 of 2006 are preferred by the accused No. 2 and 3 respectively challenging their conviction under Section 302 read with 34,395 and 396 of IPC. accused No. 3 also challenges his conviction and sentence under Section 302 of IPC.

(2.) THE charges framed against the appellants and other accused ate as follows:

(3.) P.W.1 is the owner of the pawn broker shop and according to him, the shop was closed at about 8.00 p.m. on 12.11.2002 and Night Watchman-security guard by name Muthukrishnan took charge of the security of the said shop. On 13.11.2002 at about 5.30 a.m., P.W.4, who is employed as the sweeper came to the, house of the P. W. 1 waking up and informed him that the security personnel namely Muthukrishnan was found dead in the shop and the shop was also kept open and on appearance it reveal that the hands and legs of Muthukrishnan had been tied with jute rope and he had been strangled to death and that Almirahs were also found open and jewels were found scattered.