ANBU Vs. STATE

JUDGEMENT

(1.) The appellant is the second accused in Sessions Case No. 211 of 2005, on the file of the learned Additional Sessions Judge, Fast Track Court, No. II, Dindivanam. Including the appellant, there were a total number of six accused. The trial Court framed as many as six charges against the accused as detailed below:

(2.) The case of the prosecution in brief is as follows:

(3.) Based on the above materials, the trial court framed charges against the accused, as detailed in the first paragraph of this judgement. The accused denied the same as false. In order to prove the case, on the side of the prosecution, as many as 15 witnesses were examined, 28 documents and 22 material objects were marked. Out of the said witnesses, P.W.1 is the injured eyewitness and he is the father -in -law of the deceased. He has stated that when he went to the house of the deceased, at the time of occurrence, he found the fifth accused fleeing away from the scene of occurrence. When he entered into the house, he found the accused 1 to 4 in the kitchen. The first accused was found strangulating the deceased. Accused 3 and 4 were found holding the deceased and the second accused dashing the head of the deceased against a wall. When he shouted and tried to rescue, the accused attacked him also and he sustained injury. Then, on hearing the alarm raised by him, P.Ws.3, 4 and few more neighbours gave a chase and caught hold the accused 1 to 4 and brought them back. From them, the stolen goods were recovered. P.W.2 is the husband of the deceased, who has stated that he was not at the house, at the time of occurrence. He came later. P.Ws.3 and 4 are the crucial witnesses for the prosecution. They have stated that they gave a chase and caught hold the accused 1 to 4 and then, the jewels and wrist watches were recovered from them. P.W.5 is the Village Administrative Officer, who has stated that in his presence, the observation mahazar and the rough sketch were prepared, at the place of occurrence and also the blood stained earth and sample earth were recovered. He has further stated that broken bangles were also recovered. P.W.6 has spoken about the confession of A6 and the recovery of M.Os.9 and 17 from out of his disclosure statement. P.W.7 has spoken about the arrest of the 5th accused and the recovery of gold jewels (M.Os.9 and 10.), on the disclosure statement made by him. P.W.8 has spoken about the Photographs taken at the place of occurrence. P.W.9 has spoken about the treatment given to P.W.1. P.W.10 has spoken about the post -mortem conducted and his final opinion regarding the cause of death. P.W.11 is the head clerk of the Court. He has stated that he forwarded the material objects for chemical examination. P.W.12 is the constable, who has stated that he took the dead body from the place of occurrence to the hospital and handed over the same for post -mortem. P.W.13 has spoken about the registration of the case and the initial investigation done by him. P.Ws.14 and 15 have spoken about the First Information Report and the investigation done and the final report filed.