N. MANI AND OTHERS Vs. STATE

JUDGEMENT

(1.) Appellant in Crl. A. No. 770/2017 is arrayed as A5 ; appellants in Crl. A. No. 774/2017 are arrayed as A1 to A4 ; and the appellant in Crl. a. No. 779/2017 is arrayed as A6 out of six accused in the case in SC.No.24/2013 on the file of the Court of the learned Sessions Judge, Fast Track Mahila Court, Namakkal. The Trial Court, under impugned Judgment dated 30.11.2017, convicted and sentenced the appellants/accused as follows:- <FRM>JUDGEMENT_1049_LAWS(MAD)3_2018_1.html</FRM> The sentences were ordered to run concurrently. Aggrieved over the said conviction and sentence, the present appeals came to be filed by the appellants/accused.

(2.) The brief facts of the prosecution case, are as follows:-

(3.) Mr. N. Manoharan, learned counsel for the appellants vehemently contended that there is no evidence whatsoever available on record to connect the accused with the grave crime. Except the evidence of P.Ws.1 and 2 to show some misunderstanding in the family with regard to the property, there are no other incriminating materials available on record to connect the accused with the crime. Further, the arrest and recovery projected by the prosecution is highly unreliable and cannot be believed at all. The evidence of the witnesses, clearly show that A5 was already taken into custody on the date of complaint itself and therefore, the arrest projected by the Investigating Officer at a later point of time, is highly unbelievable and create serious doubt about the entire prosecution version The Investigating Officer has conducted the investigation in a fair manner. The material objects allegedly seized from the accused were sent to the Forensic Lab and did contain any incriminating circumstances against the accused. Hence, learned counsel for the appellants submitted that absolutely there is no evidence to connect the accused in this case and prayed for acquittal of the appellants by setting aside the conviction and sentence and allowing of the criminal appeals.