D NAPOLEAN Vs. VIJAYAN ALIAS VIJI

JUDGEMENT

(1.) THIS judgment shall govern these three criminal appeals namely C.A.194/2008 by A-4, C.A.197/2008 by A-1 and A-2 and C.A.813/2008 by A-3.

(2.) ALL these three appeals challenge a judgment of the Additional Sessions Division, Fast Track Court No.II, Chennai, whereby the appellants ranked as A-1 to A-4 respectively along with A-5 stood charged, and on trial, A-1 to A-4 were found guilty and awarded punishment as follows: TABLE

(3.) ADVANCING arguments on behalf of A-1 and A-2, the learned Senior Counsel Mr.V.Gopinath would submit that in the instant case, the occurrence, according to the prosecution, has taken place on 7.11.2006 at 1.30 P.M.; that P.Ws.1, 3 to 6, 21, 23 and 29 were shown as eyewitnesses out of whom P.Ws.5, 6, 21 and 23 have turned hostile; that the evidence that was available for the prosecution before the trial Court was that of P.Ws.1, 3, 4 and 29; that P.W.2 has claimed that he came to the place of occurrence after the incident was over; and that out of these witnesses, P.Ws.1, 3 and 4 are Police Constables.