MARIYAPPAN Vs. CHOLAN

JUDGEMENT

(1.) THE appeals are directed against the common judgment passed by the Additional District Judge, Namakkal, dated 18.07.2006, in S.C.Nos.115 of 2005 and 184 of 2005. By the said judgment the accused in S.C.No.115 of 2005 were convicted to undergo life imprisonment for the offence under Section 302 read with 34 I.P.C. and also to pay a fine of Rs.10,000/ - in default to undergo two months simple imprisonment and in addition A.1 was convicted and sentenced to undergo 7 years rigourous imprisonment for the offence under Section 394 read with 397 I.P.C. and also to pay a fine of Rs.7,000/ - in default to undergo one month simple imprisonment and the accused in S.C.No.184 of 2005 was convicted and sentenced to undergo life imprisonment for the offence under Section 302 read with 34 I.P.C. and to pay a fine of Rs.10,000/ - in default to undergo two months simple imprisonment and for the offence under Section 394 read with 397 I.P.C he was convicted and sentenced to undergo 7 years rigorous imprisonment and also to pay a fine of Rs.7,000/ - in default to undergo one month simple imprisonment.

(2.) THE case of the prosecution would show that the appellants in both the appeals, who were the accused in the aforesaid two sessions cases, had, along with some other persons, on 11/12.01.1992 at about 01.00 a.m. in Goundanpalayam Valkaddu Pallipattu village where one Muthusamy, son of Thirumalai Gounder was sleeping in his house with his family members, entered into the house with dangerous weapons like Koduval on hearing the dog barking, the father -in -law of the said Muthusamy came out and on seeing strangers, attacked one of the persons with kodduval on such enraging attack, he was dragged outside and murdered by the accused and others thereafter, A.1, with a big stone, smashed the entrance door of the said house and entered into the premises and caused injuries to the inmates and stolen 30 sovereigns of gold and a sum of Rs. 11,000/ - cash and in that incident, the complainant Muthusamy sustained injury on his right eye brow and near left eye and his daughter Kalaiselvi was also inflicted with a stab injury on her right shoulder and thereby the accused and others had committed the offence under Section 302 read with 34 I.P.C. and also under Section 397 read with 394 I.P.C.

(3.) P .W.1 would further depose that 30 sovereigns of gold worth Rs.80,000/ - was lost on that day. He went around 8.30 a.m. in the morning to Tiruchengode Police Station and lodged the complaint, Ex.P.1 - First Information Report. Then, he was sent to Hospital with a requisition. Later, when the accused were arrested, PW -1 identified M.O.1 - watch, M.O.2 - bangles - 4 Nos. and M.O.3 - his daughter's ring. P.W.1 would also state that he had been to Kodaikanal Police Station to identify the jewels. There he had identified not only M.Os.1 to 3 but also M.Os.4 and 5. P.W.1 had been to Madurai Prison and identified A.1 and A.2 in the identification parade conducted there by the Nilakottai Magistrate. His signature therein is Ex.P.3 series.