P RAJAGOPAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) CRIMINAL Appeal No. 637 of 2004 is directed against the verdict of conviction in S. C. No. 3/2003 (Velachery PS Cr. No. 1047/2001) convicting the 1st accused under Secs. 109 r/w 364; 109 r/w 304 (I); 109 r/w 201 IPC and convicting 2nd accused u/s. 364; 304 (I); 201 IPC and convicting the accused 3,4 & 6 u/s. 364, 304 (I), 201 IPC and convicting the accused 5,8 & 9 u/s. 109 r/w 364 IPC and convicting 7th accused u/s. 364, 109 r/w 304 (I), 201 IPC.

(2.) THE prosecution case in brief:-

(3.) TO substantiate the charges against the accused, prosecution had examined PWs. 1 to 42. Exs. P1 to P121 were marked. Ambassador car bearing Registration No. TN-09-3224 and and another Ambassador car bearing Registration No. TN-22-5202 were marked as M. O. 1 and M. O. s. Tata Sumo bearing Registration No. TN-09-Q-1310 undisputedly belonging to A2 was marked as M. O. 3 and the Benz car bearing Registration No. TN-10-M-7755 undisputedly belonging to A1 was marked as M. O. 4. Wearing apparels of the deceased were marked as M. O. 5 and M. O. 6. Belt and other articles, such as Money-purse, gold chain were marked as M. Os. 7, 8 and 9. Many photographs and negatives were also marked as M. Os. In all, from the side of prosecution, 79 M. Os were marked. Similarly from the side of defence, photographs were marked as M. Os. 1 to 11. Accused were questioned about the incriminating circumstances and evidence u/s. 313 (1)(b) Cr. P. C. All the accused denied the evidence and pleaded not guilty. Accused have examined DW1 who is a retired Director of Forensic Sciences Lab during 1993. Accused have also marked Exs. D1 to D5 and certain M. Os.