BILAL HAJAR ALIAS ABDUL HAMEED Vs. STATE

JUDGEMENT

(1.) TOTALLY nine persons were tried in S.C.No.239 of 2000 on the file of Additional Court of Sessions (Fast Track Court No.III), Coimbatore, for various offences. At the end of the trial, the learned Trial Judge acquitted A.5 of the offence under Section 302 I.P.C. and convicted the remaining accused put up for trial for various other offences. We will give details of the charges and conviction, a little later in this judgment. The convicted accused are before this court in these multiple appeals. Heard Mr.R. John Sathyan, learned counsel appearing for A.1, A.2, A.4, A.7 and A.8 (C.A.No.1459 of 2003) Mr.N.Manokaran, learned counsel appearing for A.3 and A.5 (C.A.Nos.1459/2003 and 1253 of 2003) Mr.AR.L.Sundaresan, learned Senior Counsel appearing for A.6 (C.A.No.1200 of 2003) and Mr.V.Purushothaman, learned counsel appearing for A.9 (C.A.No.291 of 2004). Mr.N.R.Elango, learned Additional Public Prosecutor defended the State.

(2.) THE charges framed by the learned Sessions Judge against the accused are as hereunder:- 120-B I.P.C. - A.1 to A.9 148 I.P.C. - A.1 to A.5 302 I.P.C. - A.1 to A.5 332 I.P.C. - A.1 At the end of the trial, the learned Trial Judge found on charge No.1 all the accused guilty and accordingly sentenced each one of them to undergo imprisonment for life. On charges 2 and 3, the learned Trial Judge found A.1 to A.4 alone guilty and acquitted A.5. THE convicted accused stand sentenced to undergo imprisonment for life and one year rigorous imprisonment together with a fine on each count carrying a default sentence. On charge No.4, A.1 stands convicted for causing an injury on P.W.1, the police constable on duty and sentenced to undergo one year rigorous imprisonment. As stated earlier, the various accused are before this court in these multiple appeals.

(3.) P.W.29 continued his investigation further by examining witnesses and recording their statements. He recovered M.Os.21 to 23 removed from the dead body after post-mortem by the constable, who was present throughout post-mortem and produced before him, under form 95/Ex.P.44. On information furnished to him by the police constable at 5.00 p.m. on 6.9.1991 he arrested A.6 and A.7 and brought them to the police station. Then A.6 and A.7 were sent for judicial remand by P.W.29. On 7.9.1991 P.W.29 examined further witnesses by recording their statements. On 10.9.1991 he gave a requisition to the Court to examine P.Ws.3 and 4 under Section 164 of the Code of Criminal Procedure. P.W.29 examined further witnesses and recorded their statements. P.W.29 received an intimation that A.1 and A.2 have surrendered before Judicial Magistrate No.II, Trichy on 13.9.1991. On 26.9.1991 he filed an application before the Chief Judicial Magistrate to take A.1 and A.2 into police custody. Ex.P.45 is the affidavit and petition filed by him in regard thereto. At 5.30 p.m. on 26.9.1991 he took A.1 and A.2 into police custody pursuant to Court's order and brought them to the police station. At 5.30 a.m. on 27.9.1991 he examined A.1 in the presence of P.W.21 and another. A.1 gave a voluntary confession statement at that time, the admissible portion of which is Ex.P.29. Pursuant to Ex.P.29, M.Os.15 and 16 came to be recovered under Ex.P.31. At 7.15 a.m. P.W.29 examined A.2 in the presence of the same witnesses and he also gave a voluntary confession statement, the admissible portion of which is Ex.P.30. Pursuant to Ex.P.30, M.Os.17 to 19 came to be recovered under Ex.P.32. A.1, A.2 and the recovered incriminating objects were brought to the police station. P.W.21 witnessed the examination of A.1 and A.2 by P.W.29 in police custody recording of their confession statements and recovery of the various incriminating objects as already spoken to by P.W.29. P.W.21 also witnessed P.W.29 lifting the finger prints and foot prints of A.1 and A.2. Ex.P.33 is the foot prints of A.1 while Ex.P.34 is the foot prints of A.2. P.W.29 after bringing A.1 and A.2 into police custody made A.1 to rewrite the handwritten material already found written on the wall (FATWA) in three white sheets, a number of times in the presence of P.Ws.21 and another. He also made A.1 to write in a white paper, the numerical from 1 to 9 seven times. Ex.P.46 is the said record. Likewise A.2 was asked to write and Ex.P.47 is the record in regard thereto. P.W.29 lifted the finger prints and foot prints of A.1 and A.2 with the help of a handwriting expert. Then A.1 and A.2 were re-surrendered in Court for continuation of their judicial remand.