THAMEEM ANSAI ALIAS ANSARI Vs. STATE

JUDGEMENT

(1.) THE appellant in Crl.A.No.474 of 2006 is the 1st accused, the appellants in Crl.A.No.331 of 2006 are the 2nd and 3rd accused and the appellant in Crl.A.No.490 of 2006 is the 4th accused, in S.C.No.626 of 2004 on the file of the Additional Sessions Judge, Poonamallee at Chennai. THE accused 1 to 3 stand convicted for offences under Sections 342, 392 r/w 397 and 452 of I.P.C. and sentenced to undergo rigorous imprisonment for six months, for the offences under Section 342 of I.P.C., to undergo rigorous imprisonment for seven years for the offence under Section 392 r/w 397 of I.P.C., and to undergo rigorous imprisonment for two years for the offence under Section 452 of I.P.C. THE 4th accused has been convicted under Sections 392 r/w 109 of I.P.C. and sentenced to undergo rigorous imprisonment for four years. Challenging the above conviction and sentence, the appellants have come forward with these appeals.

(2.) THE facts of the case in brief would be as follows:

(3.) AS stated earlier, P.Ws.1 to 3 are the eye witnesses who have spoken to about the participation of the accused in the crime. P.W.4 is the Doctor, who treated P.W.2, who has vividly spoken to about the injuries sustained by P.W.2. P.W.5 has spoken to about the arrest of accused 1, 2 and 4 and consequent recovery of the jewels. P.W.12 is yet another witness, who has spoken to about the arrest of A3 and subsequent recovery and the other facts. P.W.13 is the learned Magistrate, who has spoken to about the test identification parade and P.W.6 is the fingerprint expert.