MOHAMED GOUSE Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant in Crl. A. No.563 of 2015 is A.1; the appellant in Crl.A.No.546 of 2015 is A.2; the appellant in Crl.A.No.89 of 2015 is A.3; the appellants in Crl.A.No.683 of 2015 are A.3 and A.4 and the appellant in Crl.A.No.693 of 2015 is A.5 in S.C.No.99 of 2014, on the file of the learned Sessions Judge No.2, Kancheepuram. The trial Court framed charges against all the accused as detailed below:- <FRM>JUDGEMENT_338_LAWS(MAD)7_2016.htm</FRM> All the accused denied the above charges framed against them. By judgment dated 10.08.2015, the trial Court convicted & sentenced all the five accused as detailed below:- <FRM>JUDGEMENT_338_LAWS(MAD)7_20161.htm</FRM> The trial Court has ordered the above sentences to run concurrently. Challenging the said conviction and sentence, the appellants/A.1 to A.5 are before this Court with these Criminal Appeals.

(2.) The case of the prosecution, in brief, is as follows:- The deceased in this case was one Mr.Balaraman. He was a taxi Driver by profession. P.W.4, owned a taxi bearing registration No.TN 23 AM 6669. It was an Innova Car. A.1 to A.5 are close associates. On 15.04.2014, all these five accused conspired together to abduct the deceased along with the Car, under the guise of engaging the said Car to go to Chennai Airport, to kill him and to steal away the Car.

(3.) The deceased left his house at 7.00 am on 16.04.2014 with the said Car (M.O.6). The said car was engaged through one Mr.Nagaraj. Since, the Car did not return, P.W.4 enquired the wife of the deceased (P.W.2). P.W.2 informed him that the deceased left the house at 7.00 am on 16.04.2014 but did not return thereafter. Therefore, on the advice of P.W.4, P.W.2 went to Vellore Taluk Police Station and made a complaint under Ex.P.12 on 17.04.2014 at 12.00 noon. P.W.7, the then Sub Inspector of Police, Vellore Taluk Police Station, registered a case in Crime No.145/2014 for "man missing". Ex.P.13 is the F.I.R. He forwarded both the documents viz., Ex.P.12 (complaint) and Ex.P.13 (F.I.R.,) to Court and handed over the case diary to the then Inspector of Police, Vellore Taluk Police Station for investigation.