STEPHENRAJ @ ARUL STEPHENRAJ @ PANDY AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE conviction and sentence passed in Sessions Case No.528 of 2004 by the Additional District and Sessions -cum -Fast Track Court No.I, Madurai, are now under challenge.

(2.) THE case of the prosecution is that the accused 1 to 10 have been residing in Anuppanadi, Madurai and the 11th accused is residing in Vandiyur, Madurai and all the accused are close friends. On 12.8.2002, all the accused have contrived together so as to commit dacoity and on the same day, at about 9.45 p.m. the 9th accused has cut the telephone wire which lead to the house of one Pushparaj and he has also damaged the windows and he asked the inmates to open the door. Since the inmates have failed to open the door, he has taken a bowlder and broken the door by using it. The accused 2, 4, 6, 7 and 11 have entered into the house of the said Pushparaj and shown deadly weapons by saying that they would kill them. The said accused have brought the witnesses viz., Pushparaj, Rajeswari, Devipriya and Sathiya to the main hall and the accused have broken bureau which has been placed in the bed room and removed 56 sovereigns of gold jewels and also Rs. 55,000/ -. The accused have also broken the glass of Fiat car bearing Registration No. TAA -6669 and thereby caused loss to the tune of Rs. 1,500/ -. Under the said circumstances, the accused are said to have committed offences under Sections 395 read with 397, 427 and 506(i) and 120 -B of the Indian Penal Code. After occurrence, P.W.1 viz., Pushparaj has lodged the complaint in question which has been marked as Ex.P -1.

(3.) ON receipt of Ex.P -1, the investigating officer has done investigation and after finishing the same, laid a final report on the file of the Judicial Magistrate Court No. II, Madurai. The final report has been taken on file in P.R.C.No. 64 of 2003 and necessary committal orders have been passed and the Court of Sessions, Madurai Division has transferred the case to the file of the trial Court.