BALU ALIAS DHANAPAL Vs. STATE

JUDGEMENT

(1.) APPELLANTS, two in number, were tried in S. C. No. 142/03 on the file of the Principal Court of Sessions, Erode, under Section 448 IPC (A-1 & A-2); Section 307 IPC read with Section 3 (2) (v) of the Scheduled casts & Scheduled Tribe (Prevention of Atrocities) Act (A-1); Section 307 read with 34 IPC read with Section 3 (2) (v) of the Scheduled Casts & scheduled Tribe (Prevention of Atrocities) Act (A-2); Section 302 IPC read with section 3 (2) (v) of the Scheduled Casts & Scheduled Tribe (Prevention of atrocities) Act (A-1); Section 302 read with 34 IPC read with Section 3 (2) (v)of the Scheduled Casts & Scheduled Tribe (Prevention of Atrocities) Act (A-2) and Section 506 (II) IPC (A-1 ). At the end of the trial, the learned trial Judge found the accused guilty of all the offences referred to above and convicted them for the gravest offence to undergo imprisonment for life together with a fine carrying a default sentence. We are not referring to the other sentences given to the convicted accused since it is lesser than the sentence given for the gravest offence. Hence, the appellants are before this court in this appeal. Heard Mr. V. K. Muthusamy, learned senior counsel appearing for the appellants and Mr. N. R. Elango, learned Addl. Public Prosecutor appearing for the State.

(2.) THE prosecution case is that on the intervening night of 10. 3. 03 and 11. 3. 03 around 1. 00 a. m. , the accused trespassed into the house of P. W. 1 and her husband and besides making an attempt on the life of P. W. 1, committed the murder of P. W. 1's husband and in the course of the same transaction, criminally intimidated the witnesses, who came running to prevent any further onslaught and, therefore, punishable for the offence referred to earlier. THE prosecution examined P. W. s 1 to 20 besides marking Exs. P-1 to P-32 and M. O. s 1 to 19. THE defence did not let in any oral or documentary evidence.

(3.) P. W. 13 is the photographer, who took photographs of the crime scene from three different angles. M. O. 12 series and M. O. 13 series are the photographs and negatives. P. W. 12 witnessed the preparation of the observation mahazar, Ex. P-14 and recovery of M. O. s 7 to 11 under Ex. P-15. He also witnessed the recovery of M. O. s 3 to 5 under Ex. P-16. P. W. 20 gave a requisition to the jurisdiction Tahsildar to issue community certificates for the accused, the deceased and P. W. 1. P. W. 8 is the Tahsildar, who had issued exs. P-10 and P-11, the community certificates to P. W. 1 and the deceased. He also issued community certificates, Exs. P-12 and P-13 for A-1 and A-2. P. W. 20 arrested A-1 at 11. 00 a. m. on 20. 3. 03 in the presence of P. W. 15 and another. On examination, A-1 gave a voluntary confession statement, the admissible portion of which is Ex. P-17. Pursuant to Ex. P-17, M. O. s 1 and 14 to 16 came to be recovered under Ex. P-18. P. W. 15 is the Village Administrative Officer, who had deposed about the arrest of A-1; his examination; recording his confession statement, the admissible portion of which is Ex. P-17 pursuant to which M. O. s 1 and 14 to 16 came to be recovered under Ex. P-18. He also witnessed the recovery of a TVS-Moped under Ex. P-19 and M. O. 17 is the said motorcycle. P. W. 20 brought the accused and the recovered incriminating objects to the police station. The arrested first accused (A-1) was sent for judicial remand and the case properties were sent to the court. At 3. 00 p. m. on 31. 3. 03 P. W. 20 arrested A-2 in the presence of P. W. 15 and another and examined him. A-2 also gave a voluntary confession statement, the admissible portion of which is Ex. P-20, pursuant to which M. O. 2 and M. O. 18 came to be recovered under Ex. P-21 attested by the same witnesses. P. W. 15 had given evidence on the above aspects. P. W. 20 then came back to the police station with the arrested accused and the recovered objects and he sent A-2 for judicial remand and the case properties to the court. He gave a requisition to the court to subject the case properties for chemical examination. P. W. 18 is the Magisterial clerk, who speaks about the receipt of the case properties along with Ex. P-24, requisition given by the investigating officer to subject the case properties for chemical examination. As an enclosure to court's letter, Ex. P-25, the case properties were sent to the laboratory. Exs. P-26 and P-27 are the chemical examiner's report and serologist's report.