VADIVU ALIAS SEKARALIASMILITARY SEKAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the learned Additional Sessions Division, Chengleput, made in S.C.No,34 of 2004 whereby the appellant along with 4 others, stood charged, tried and found guilty under sections 302 r/w 149, 364, 396 and 201 IPC and was awarded life imprisonment for the offence under section 302 r/w 149 IPC and three years rigorous imprisonment for the other offences each along with fine and default sentences. The other accused/A2 to A5 were acquitted of the charges levelled against them.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further learned counsel, the Investigating Officer would claim that A1 was arrested on 26.2.2003 and he gave confessional statement and the same was recorded in the presence of P.W.19 and P.W.20. P.W.19 has turned hostile. P.W.20 has turned hostile in part, relating to the evidence of P.W.20 to the extent of recovery of M.O.7 chain alone. So far as the recover of the chain is concerned, it is highly doubtful. The occurrence has taken place on 17.7.2002 but it has been recovered on 26.2.2003. It is also highly doubtful whether a person who had robbed the jewels would wear the same even after a period of seven months. Apart from that, so far as the recovery is concerned, three placed were shown as the place of recovery. According to P.W.20 it was recovered nearby the house of A1. According to the recovery mahazar, it was recovered just opposite to the house of A1. So far as the investigating officer is concerned, he has deposed that the accused removed the chain from the neck and handed it over to him.