KUTTARI ALIAS MUTHAYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) C. A. No. 281 of 2004 was preferred by A-5, A-6, A-8 and A-10; C. A. No. 25 of 2005 was preferred by A-1 to A-4, A-7 and A-11. C. A. No. 52 of 2005 was preferred by A-9 against the common judgment dated 02-12-2004 of Sessions judge, Karur in S. C. No. 54 of 2002.

(2.) C. A. No. 177 of 2005 and C. A. No. 434 of 2005 were preferred respectively by first and second accused in the split up case in s. C. No. 11 of 2004.

(3.) BOTH the cases in S. C. No. 54 of 2002 and S. C. No. 11 of 2004 arise in respect of the crime No. 338 of 2001 of Kulithalai Police Station. In S. C. No. 54 of 2002, 21 witnesses have been examined as PWs 1 to 21 and defence witnesses DW 1 to DW 3 have also been examined. In S. C. No. 11 of 2004, 13 witnesses have been examined as PWs 1 to 19 and no defence witness has been examined. Rank of witnesses in both the cases in S. C. No. 54 of 2002 and in S. C. No. 11 of 2004 up to PW 9 are one and the same. The ranks of the Court Clerk and the Investigation officer are changed. Due to absconding of two accused, the case was split up under S. C. No. 54 of 2002 and under S. C. No. 11 of 2004. In S. C. No. 54 of 2002, 13 persons have been arrayed as accused and in S. C. No. 11 of 2004, two persons have been arrayed as A-1 and A-2 and accused in both the Sessions Cases have participated in one and the same occurrence, according to the prosecution.