VEDI ALIAS RAMAN Vs. STATE

JUDGEMENT

(1.) THE Petitioner/A4, who is facing charges under Sections 120B, 459, 395 read with 397, 302 and 435 of IPC and Section 3 of the Explosive Substance Act in SC.No.100/2006 on the file of the learned Additional Sessions Judge, Krishnagiri, has filed this Criminal Original Petition to quash the said charges.

(2.) THE charges were laid as against seven accused viz. (1) Muniraj A1, (2) Jayachandran A2, (3) Tamilvanan A3, (4) Vedi @ Raman A4, (5) Arumugam @ K.C.Selvam A5, (6) Jeevan A6 and (7) Tamilarasan A7. THE charges against A1 to A7 are that they conspired together, manufactured country bombs and exploded them in order to commit illegal act viz. to commit dacoity and in the course of said act, they committed the murder of the deceased Appasamy. THE specific charge as against A1 and A2 is that they used deadly weapons like Koduval and committed the murder of the deceased along with the other accused.

(3.) THE learned Sessions Judge, after full trial, has found that the prime witnesses have turned hostile and the Prosecution has not cross examined them and in such circumstances, there was absolutely no evidence to prove the charges made against the accused persons. It is also pointed out by the learned Sessions Judge that the Prosecution witnesses had not identified the accused in the court and they also denied that they identified those accused persons in the identification parade conducted by the learned Magistrate. THE findings rendered by the learned Sessions Judge is extracted below:- ...[VERNACULAR TEXT OMMITED]...