MANIKANDAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants are the 3rd and 4th accused in S.C.No.102 of 2007 on the file of the Additional District and Sessions Judge, Fast Track Court, Ariyalur. The present appellants/accused along with other accused were charged for the offences punishable under Sections 397 read with 511 read with 34 of the Indian Penal Code. All the accused including the present appellants were convicted and sentenced to undergo Rigorous Imprisonment for a period of 10 years and also to pay a fine of Rs. 5,000/-, and in-default to pay the fine amount, to undergo Simple Imprisonment for a period of 3 months. Aggrieved over the judgment passed by the learned Additional District and Sessions Judge, Fast Track Court, Ariyalur, the present appeal has been filed by them.

(2.) The case of the prosecution, as could be discerned from the oral and documentary evidence is as follows. The complainant Thirumeni (PW1), is a resident of Agaram Seekoor Village. On 17.01999 at about 100 p.m., he saw some one standing with a torch light outside his house. When the complainant asked who he is, the person in response answered that he is ' Ponnan '+. The complainant and his wife came out from their house and the said person immediately fled away from the place of occurrence, which prompted the PW1 to shout and his neighbours pelted stones on that person. On the next day, he went to the Mangalamedu Police Station and lodged a complaint (Ex.P1) with the police. The Sub Inspector of Police, Mangalamedu Police station received the complaint from PW1 and registered a First Information Report (Ex.P7) in Crime No.86 of 1999 of Mangalamedu Police Station.

(3.) The Pw2 Jayavel, who is the neighbour of PW1, corroborated the version of PW1. The PW7, the Inspector of Police, Mangalamedu Police Station, who took up investigation in Crime No.86 of 1999, went to the scene of occurrence and prepared a rough sketch (Ex.P8) and an observation Mahazar (Ex.P32). Thereafter, he arrested the accused Manikandan, Gunasekaran and Palani and recorded their confessional statements (Ex.P4 to Ex.P6).