SUGU @ SUGUMARAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Aggrieved over the conviction and sentence imposed on the appellants dated 10.07.2007 made in S.C.No.571 of 2006 on the file of the Additional Sessions Judge, Fast Track Court, No.3, Madurai, the present appeal has been filed.

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

(3.) P.W.11 commenced the investigation and went to the place of occurrence and prepared observation mahazar and rough sketch under Exs.P.10 and 11 respectively in the presence of P.W.3 and examined the witnesses and recorded their statements. On 107.2003, while he was a patrol in-charge, A-2 and A-3 coming in a motor vehicle. They were intercepted by P.W.11 and seized their vehicle bearing Registration No.TN-59-Y-9894 under the cover of mahazar Ex.P.12. On examination, they gave voluntary confession in the presence of P.W.6. The admissible portion of their voluntary statements marked as Exs.P.13 and 14. Pursuant to their confession, they seized a sum of Rs. 20,000/- from both the accused under Ex.P.15 and Ex.P.16. Thereafter, on 09.09.2003, P.W.11 arrested A-1 and recorded his confession. The admissible portion of the same was marked as Ex.P.17. Pursuant to the same, a sum of Rs. 15,000/- was seized. He has also seized a VIP suit case/M.O.2 under Ex.P.18. Thereafter, he gave a requisition/Ex.P.7 to the Judicial Magistrate to conduct identification parade. On receipt of the requisition given by P.W.11, P.W.8-Judicial Magistrate No.I, on 24.07.2003, conducted identification parade in respect of A-2 and A-3 in the central prison. In the parade, P.W.1 and P.W.5 identified A-2 and A- Pursuant to the said parade, P.W.8, the Judicial Magistrate submitted a report which is marked as Ex.P8. P.W.12 conducted further investigation and finally laid a final report as against all the accused.