ANTHONY SAMY Vs. STATE

JUDGEMENT

(1.) THE second and third accused have preferred Criminal Appeal No.1377 of 2003 and the first accused has preferred Criminal Appeal No.3 of 2005. All the three accused faced a trial for offences under Sections 384 read with 34 IPC, 302 read with 114 IPC and 201 IPC. THE learned I-Additional District Judge Dharmapuri at Krishnagiri has returned a verdict convicting all the three accused under Section 384 read with Section 34 IPC and sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, convicted the first accused for the offence under Section 302 IPC and sentenced to undergo Life Imprisonment and to pay a fine of Rs.1,000/- in default to undergo one year Rigorous Imprisonment and convicted the second and third accused for offences under Section 302 read with Section 114 IPC and sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo one year Rigorous Imprisonment and convicted all the three accused for the offence under Section 201 IPC and sentenced to undergo seven years Rigorous Imprisonment each and to pay a fine of Rs.1,000/- each, in default to undergo a further period of six years Rigorous Imprisonment.

(2.) AS many as 25 witnesses have been examined and 45 documents and 23 material objects have been marked on the side of the prosecution. No oral or documentary evidence was let in on the side of the defence.

(3.) THE learned senior counsel appearing for the second and third accused, the appellants in Crime No.1377 of 2003, would submit that the extra judicial confession of the second accused alleged to have been given to P.W.6 does not inspire confidence. Having pointed out his version during the course of cross examination, the learned senior counsel would further submit that the alleged written confession given by the accused before P.W.6 had not seen the light of the day. It is his submission that P.W.6 has categorically deposed before the Court that he only produced the blank stamp papers, whereas the investigating Officer has come out with a case that certain written stamp papers also were recovered from his possession. THE learned senior counsel would further submit that the chain of circumstances spoken to by various witnesses in the after math of the alleged extra judicial confession of the second accused before P.W.6 has been completely concocted for the purpose of this case with a view to give coherence to the case of murder.