SIKKANDAR ALIAS RAJA Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals viz., Crl.A.No,541/2008 by A3 and Crl.A.No,551/2008 by A2. A challenge is made to the judgment of the learned IV Additional Sessions Division, Madras made in S.C.No,62/1992 whereby these two appellants along with 5 others ranked as A1, A4 to A7 were charged and on trial, they were found guilty as follows: TABLE The sentences are ordered to run concurrently.

(2.) THOUGH A1 and A4 were found guilty by the trial Court, they have not made any appeal against the judgment. The other accused A5 to A7 were ordered to be acquitted by the trial Court.

(3.) ADVANCING the argument on behalf of the appellant, ranked as A2, the learned counsel would submit that according to the prosecution the occurrence had taken place at 4.30 p.m. on 12.9.1991. Even as per Ex.P1 report P.W.1 and three other witnesses have witnessed the occurrence but no one has been examined by the prosecution except P.W.1 for the reason best known to them. The learned counsel would further add that the investigating officer has categorically stated that the photographer was called for but no photographs were marked through the photographer who was examined as P.W. 2. Thus, it would clearly indicate that they were all concocted story in order to suit the prosecution case. Equally, the finger print expert was also called for and he should have given a report, but actually the report was not brought before the Court and if it was produced before Court, it would go against the prosecution case. The scientific expert was also called for and he made inspection at 8.00 p.m. He prepared a report and the same was marked as Ex.P2. When it is gone into it would clearly reveal that the material objects viz., sickle and knives were actually found inside the shop at the place of occurrence. If to be so, the claim made by the investigating officer that the accused were actually apprehended and their confessional statements were recorded and pursuant to the confession statement three knives and one sickle were recovered are nothing but a false story.