MURALISAMY ALIAS MURALIDHARAN Vs. STATE

JUDGEMENT

(1.) ALL the fourteen accused in S.C.No.105 of 2001 on the file of Additional Court of Sessions (Fast Track Court No.II), Salem are before this Court in these multiple appeals questioning their conviction. The conviction includes offences under Sections 302 direct and 302 with the aid of 149 I.P.C. Heard Mr.V.Gopinath, learned Senior Counsel appearing for the appellantS in C.A.No.1058 of 2002 and C.A.No.1360 of 2002 Mr.S. Ashok Kumar, learned Senior Counsel appearing for A.2 in C.A.No.1462 of 2002 other learned counsel on record for the other appellants in these multiple appeals and Mr.C.T.Selvam, learned Additional Public Prosecutor for the State.

(2.) THE occurrence is shown to have taken place on the intervening night of 25.10. and 26.10.2000 at about 01.30 hours, during which time two persons were done to death and P.W.1 came to be injured. THE charges are as hereunder:- THE conviction of the accused is under all the charges. To prove their case, the prosecution examined P.Ws.1 to 16 and marked Exs.P.1 to P.49 and M.Os.1 to 41. THE defence neither let in any oral nor documentary evidence.

(3.) P.W.16 arrested A.1, A.5, A.6 in the bus stop in the bypass road of Thiruvakaudanur in the presence of P.W.7 and 8 and examined them. At that time A.1 gave a voluntary confession statement, the admissible portion of which is Ex.P.2, pursuant to which M.Os.1, 24, 2, 3, 5, 4, 25 and 6 came to be recovered under Ex.P.3 attested by the same witnesses. At 5.30 p.m. on the same day in Five Roads Junction at Salem P.W.16 arrested A.3, A.4, A.7 and A.9 in the presence of the same witnesses and examined them. At that time A.3 gave a voluntary confession statement, the admissible portion of which is Ex.P.4., pursuant to which M.Os.7, 18, 26, 27, 28, 9, 8, 29, 30 and 31 came to be recovered under Ex.P.5 attested by the same witnesses. Under Ex.P.6, M.O.10 came to be recovered at 8.00 p.m. on the same day, pursuant to the same admissible portion of the confession statement of A.3. The arrested accused and the case properties were brought to the police station. The accused were sent for judicial remand and the case properties were sent to the court. P.W.16 was searching for the remaining accused. On prior information P.W.16 arrested A.10, A.14, A.11 and A.13 in the presence of P.Ws.7 and 8 and examined them. At that time, A.10 gave a voluntary confession statement, the admissible portion of which is Ex.P.40, pursuant to which M.Os.30, 32, 33, 16, 17, 34, 35, 36, 37 and 38 came to be recovered under Ex.P.41.