RAMASAMY Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 to 5 in S. C. No. 10 of 1997 on the file of sessions Court, Erode are the Appellants. By the judgment dated 03. 04. 1997, Appellants / ACCUSED were convicted for various offences. Aggrieved over the conviction, Appellants/ accused 1 to 5 have preferred this appeal.

(2.) CASE of the prosecution could briefly be stated thus:- Prior Occurrence.P. W. 1 - Sendan is the resident of Motorpalayam and belongs to Schedule Caste Community. He was employed in the field of one Mani , husband of Sumathi. The said Sumathi and P. W. 6 - Chinnathangam are the daughters of A. 4 - Sukkuru @ Subramaniam. P. W. 6 is said to have developed love and friendship with one Palanichamy of Mylampalayam. On 29. 07. 1996 - 8. 00 a. m. , P. W. 1 went to'Kunnathur Santhai'and to return back to his Village, he was standing near Velampalayam Bus Stop. At that time, P. W. 6 - Chinnathangam standing in the bus stop, called P. W. 1 and sought his help to take her to Palla Goundampalayam. P. W. 3 - Selvan and P. W. 4- Rangan were also standing there. At that time, there was no bus to Palla Goundampalayam. P. Ws. 1 and 3 had taken P. W. 6 and made her to stay in the house of Sister of P. W. 3 - Selvan. Thereafter, P. Ws. 3 and 4 went to Ganapathipalayam to inform the same to the parents of P. W. 6 (A. 4 - Sukkuru @ Subramaniam )

(3.) ARREST of the Accused. A. 2 and A. 4 were arrested on 13. 08. 1996 in Velampalayam Bus Stand. A. 4 voluntarily confessed to his guilt. Ex. P. 7 - Admissible Portion of his Confession Statement led to the recovery of M. O. 1 - Clutch Wire and M. O. 2 - Spade Handle, under Ex. P. 8- Seizure Mahazar. A. 1 and A. 3 were arrested on 02. 09. 1996 - 9. 30 a. m. in Ganapathypalayam near Milk society and they were remanded to judicial custody. A. 5 surrendered before the court.