SHANKAR REDDY Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals namely C.A.No.324 of 2008 by A-1 and C.A.No.757 of 2008 by A-2. They challenged the judgment of the I Additional Sessions Division, Krishnagiri, made in S.C.No.207 of 2005 whereby the appellants stood charged, tried, found guilty and awarded punishment as follows:

(2.) THE short facts necessary for the disposal of these appeals can be stated as follows:

(3.) ADDED further the learned Counsel that the prosecution relied on the confession alleged to have been given by A-1 and also the consequent recovery of the material objects that it is pertinent to point out that all these material objects were not connected to Crime No.99 of 2002 but, they were all connected to some other crime number, and thus, the prosecution cannot rely on the recovery of those material objects that as far as the recovery of the gold ingot marked as M.O.2, was concerned, there was no evidence to show that the gold chain alleged to have been stolen, was actually melted into gold and made as ingot that in the absence of the same, it cannot be taken or presumed that it was the gold chain which was the subject matter of robbery and that under the circumstances, the prosecution has miserably failed to prove that part of the case.