STATE Vs. GULAM BABU

JUDGEMENT

(1.) THIS is an appeal by the State on a judgment of acquittal made by the learned II Additional Sessions Division, Erode, in S. C. No. 85/99, wherein the respondents were shown as accused.

(2.) THE first accused stood charged under Sec. 302 of i. P. C. , while the second and third accused were charged under Sec. 302 read with 34 of I. P. C. All the three accused were charged under Sec. 201 of I. P. C. On trial, the respondents/accused were acquitted by the trial Court. Hence, this appeal.

(3.) PENDING investigation, A-1 was arrested on 13. 2. 1998 at 7. 30 A. M. He gave a confessional statement, pursuant to which M. O. 9, a shirt, was recovered under a mahazar, Ex. P13. A-1 identified A-2, and A-2 was arrested at 9. 15 A. M. , pursuant to which M. Os. 10 to 13 were recovered under a mahazar, Ex. P14. M. O. 14 series, M. O. 15, a blade, and M. O. 16 produced by A-1, were recovered under a mahazar, Ex. P15. P. W. 20 went over to Erode, and with the help of P. Ws. 6 and 7, he opened a box belonging to the deceased, with the help of a key M. O. 6. Then, M. O. 7, a lock, was recovered under a mahazar Ex. P2. On 4. 3. 1998, A-3 was arrested, when he gave a confessional statement, the admissible part of which is Ex. P18. Pursuant to the same, M. O. 17, a lunghi, was recovered under a mahazar, Ex. P19. The material objects were subjected to chemical analysis pursuant to a requisition given by the Investigating Officer. Ex. P22, the Chemical Analyst's report, and Ex. P23, the Serologist's report, were received by the Court. On completion of investigation, the final report was filed by the Investigating Officer against the respondents/accused.