V KRISHNAMOORTHY Vs. BHARATHI RAJA

JUDGEMENT

(1.) THIS revision has been preferred by P. W. 1 against the judgment in S. C. NO. 355 of 2002 on the file of the I Additional Sessions Judge, Krishnagir i. A1 & A2 have been charged under Sections 449, 302, 109 r/w 302 IPC, 380, 203 & 201 IPC.

(2.) THE learned Judicial Magistrate after taking the case on file as PRC. No. 54 of 2002 , had issued summons to the accused and on their appearance copies under Section 207 of Cr. P.C. , were furnished to the accused. Since the case is exclusively triable by the Court of Sessions, the learned Judicial Magistrate has committed the case to the Court of Sessions under Section 209 of Cr. P.C. THE learned I Additional sessions Judge, Krishnagiri , on appearance of the accused, framed charges against the accused for various offences under IPC as indicated above and when questioned the accused pleaded not guilty. On the side of the prosecution P. W. 1 to P. W. 16 were examined and Ex. P. 1 to Ex. P. 20 were exhibited and M. O. 1 to M. O. 18 were marked.

(3.) P. W. 3-Visvabarathi, an advocate, would depose that on 23/9/2002 at about 3. 30 pm, he saw a crowd in front of the house of P. W. 1 and on enquiry he was informed that some masked robbers have committed robbery of jewels kept in the bureau in the house of P. W. 1 after murdering Thukkabai , the mother of P. W. 1 and also after tying A2 in a chair and that on going inside the house of P. W. 1 he saw A2 tied up with a telephone wire in a chair and gagged with a piece of cloth and that he untied a1 with the help of P. W. 10. According to him, he had immediately contacted Dr. Ashok Kumar (P. W. 4) and requested him to come to the place of occurrence and Dr. Ashok Kumar came to the place of occurrence and after examining Thukkabai had informed that she is no more. A2-Shanthi had informed him that two masked robbers have stolen the jewels after murdering Thukkabai and after tying her in a chair. He has also informed the police through his cell-phone at about 4. 00 pm on the same day. According to him, he also talked to Thukkabai at 9. 00 am on the same day in her varanda and that he knows A1, who is working in a cycle shop. According to him, he also found A1 in the crowd on the same day evening. He has further deposed that he has not seen A1 visiting the house of Shanthi on the date of occurrence, but prior to the occurrence A1 visited the house of Shanthi. He has categorically stated that he never saw A1 & A2 together at any place. At this juncture, he was treated as a hostile witness.