BALAJI Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) These appeals are directed against the judgment of conviction and sentence dated 8.3.1995 made in S.C.No.32 of 1994 on the file of the learned Assistant Sessions Judge, Arani. Criminal Appeal No.390 of 1995 is preferred by the fourth accused and Criminal Appeal No.418 of 1995 is preferred by accused 1 to 3 in the said Sessions Case No.32 of 1994. Since both the appeals arise from the same judgment dated 8.3.1995 made in S.C.No.32 of 1994, they were heard and disposed of together.

(3.) The case of the prosecution as unfolded by the evidence of one Thiru.Thangavelu (P.W.1) and Thiru.Balaraman (P.W.2), who are working as Conductor and Driver, respectively, of a bus bearing Registration No.PY-01 9798 plying between Pondicherry and Thirupathi, operated by Pondicherry Tourist Development Corporation, is stated, in brief, as follows: "The bus bearing Registration No.PY-01 9798 owned by Pondicherry Tourist Development Corporation while plying between Thirupathi and Pondicherry was returning from Thirupathi to Pondicherry on the night of 20.1.1994. It reached Vandavasi at about 1.45 a.m. on 21.1.1994. After a break of 10 minutes for tea at Vandavasi, it proceeded to Pondicherry. Within ten minutes when the bus was nearing Maruthuvambadi Cross Road, the accused, who were standing near the Conductor(P.W.1), assaulted him (P.W.1). The passengers screamed loudly. The Driver (P.W.2) switched on the light, questioned the assault by the accused and stopped the vehicle. Immediately, the accused attacked the Driver (P.W.2) by using knives and snatched away a blue colour leather cash bag (M.O.1) from P.W.1, containing the collection of the bus fare; took a brown colour rexin bag (M.O.2), containing one white shirt (M.O.3), one blue colour checked lungi (M.O.4), a small towel (M.O.5) and the identity card (M.O.6) of the Conductor and fled away on seeing a lorry coming from the opposite direction, in which one Ameed of Vandavasi Town, a fruit merchant, was travelling. The said Ameed (P.W.5) shifted the Conductor (P.W.1) and the Driver (P.W.2) in the said lorry to Vandavasi Bus Stand, from where P.Ws.1 and 2 were taken to the Government Hospital, Vandavasi, by a police constable Ganesan (P.W.6), who was on beat duty at Vandavasi bus stand." "Both the Conductor (P.W.1) and the Driver (P.W.2) were admitted in the Government Hospital, Vandavasi by Dr.I.Ramalingam (P.W.11) at 3.15 a.m. on 21.1.1994 and P.W.11 issued Accident Registers Exs.P15 and 16 recording the injuries on the body of P.Ws.1 and 2 respectively. In the Government Hospital, Vandavasi, P.W.1 gave a statement about the occurrence (Ex.P.1) at about 4.15 a.m. on 21.1.1994, and the same was recorded by a Police Constable T.L.Paulraj (P.W.13), based on which P.W.13 registered a First Information Report (Ex.P.19). After giving first aid in the Government Hospital, Vandavasi, P.Ws.1 and 2 were referred to the General Hospital, Pondicherry, for further management and treatment. Accordingly, P.Ws.1 and 2 were admitted in the General Hospital, Pondicherry, in the casualty ward by Dr.P.Muthayan (P.W.12), who issued the Medicolegal Examination Reports, marked as Exs.P.17 and 18 with respect to the wounds found on the Conductor (P.W.1) and the Driver (P.W.2)." "In the meanwhile, the Inspector of Police at Vandavasi, K.R.Natesan (P.W.14) undertook investigation on the FIR (Ex.P.19), went to the scene of occurrence and prepared an Observation Mahazar (Ex.P.2) and a Rough Sketch (Ex.P.20) in the presence of the Village Administrative Officer(P.W.7), of Illangadu Village. As per Ex.P.2 Observation Mahazar, the occurrence had taken place 4 kms. away on the southern side of Vandavasi Police Station in Vandavasi to Tindivanam Road near Maruthuvampadi Cross Road, where the bus PY-01 9798 belonging to the Pondicherry Tourist Development Corporation was standing in the middle of the road towards Tindivanam. P.W.14 in his Observation Mahazar (Ex.P.2) recorded that he noticed blood stains on the driver's seat, door and body of the bus as well as on the road where the bus was standing." "From the place of occurrence, P.W.14 recovered the following material objects under a mahazar (Ex.P3) in the presence of P.W.7 and one Azirvadham:- (i) one pair of rubber sandal chappal (M.O.16); (ii) a rose colour turki towel with blue colour stripes (M.O.17); (iii) trip sheet from 1.1.1994 to 20.1.1994 with respect to PY-01-9798 (M.O.18); and (iv) a ticket book bearing tickets containing Serial Numbers 793201 to 793600 wherein the tickets were used upto Serial Number 793566 (M.O.19)." "An investigation team (party sakitham) lead by P.W.14 and accompanied by P.W.7, who is familiar in and around Vandavasi, went in search of the accused to apprehend them. When the investigation team was moving towards Vandavasi-Tindivanam Road, after enquiring ten persons, they came across a suspicious person by name Balaji (A1) near Industrial Training Institute at Ponnur Road at about 3.00 p.m, and as he was attempting to move away, P.W.14 interrogated him. During the interrogation, P.W.14 recovered the following material objects from A1 under a mahazar Ex.P.4 in the presence of P.W.7:- (i) a sum of Rs.1200/- (100 rupees currency note - 12 numbers) (M.O.20 series); and (ii) a ticket No. 793527 (M.O.21);" "The said Balaji (A1) gave a confession statement (admitted portion in the confession statement was marked as Ex.P.22) in the presence of P.W.7. Based on the confession statement Ex.P.22, P.W.14 proceeded to the lands owned by one Veerasami, which is near the place of occurrence and recovered the following material objects under a mahazar (Ex.P6) in the presence of P.W.7:- (i)a black colour leather cash bag (M.O.1); (ii)a rexin bag (M.O.2); (iii)identity card of the Conductor (M.O.6); and (iv) four pattaknives (M.Os.10 to 13);" "On the information furnished by A1 in his confession statement marked as Ex.P.22, P.W.14 proceeded to Kancheepuram bus stand where the other accused A2, A3 and A4 were supposed to wait for A1. Accordingly, on reaching Kancheepuram bus stand, P.W.14 found A2, A3 and A4, namely, Balaji @ Mohan, Dhana @ Dhanasekaran and Sudha @ Sudhakaran waiting for the said Balaji (A1) near a tender coconut shop. Identified by A1, P.W.14 arrested A2, A3 and A4 at Kancheepuram bus stand at 6.00 p.m. on 21.1.1994. Immediately, a search was conducted by P.W.14 on A2, A3 and A4. P.W.14, during the search recovered the following material objects under a Mahazar (Ex.P11) in the presence of P.W.7:- (i)Rs.565/- (M.O.22 series) (100 rupees currency note - 5 numbers, 20 rupees note - 1 number, 10 rupees note - 2 & 5 rupees note - 5 numbers); and (ii) and a ticket No.793528 (M.O.23) from A2; (iii) Rs.570/- (M.O.24 series) (100 rupees note - 5 numbers, 20 rupees note - 2 numbers & 5 rupees note - six numbers); and (iv)a ticket No.793529 (M.O.25) from A3; (v) Rs.560/- (M.O.26 series) (100 rupees note - 3 numbers, 50 rupees note - 4 numbers, 20 rupees note - 1 number & 5 rupees note - 8 numbers); and (vi)a ticket No.793530 (M.O.27) from A4." "A2 and A3 gave confession statements to P.W.14 and the admitted portion in the confession statements were marked as Exs.P23 and 24 respectively. Based on the confession statement of A2, P.W.14 seized a checked lungi (M.O.4) under a mahazar Ex.P.10 in the presence of P.W.7 and based on the confession statement of A3, P.W.14 seized a white shirt (M.O.3) from A3 under a Mahazar (Ex.P.11) in the presence of P.W.7." "P.W.14 took further investigation into the matter, examined the witnesses and filed a final report against the accused for the offences punishable under Sections 392, 397, 326 and 506(ii) I.P.C. before the learned Judicial Magistrate, Vandavasi, who committed the case to the learned Assistant Sessions Judge, Arani."