MADAN Vs. STATE

JUDGEMENT

(1.) The appellant has filed this appeal seeking to set aside the judgment dated 20.10.2004 made in S.C.No.77 of 2002 by the learned Additional Sessions Judge, Fast Track Court No.2, Chennai.

(2.) 2.The appellant is the fourth accused in the case in S.C.No.77 of 2002. The brief facts of the case is as follows: On 16.02.2001 at about 10.00 a.m., two un-known persons entered into the house of P.W.1 at No.72, 4th Street, Eveready Colony, Kodungaiyur; one through the front gate and another through the backside gate. P.W.2/ mother - in - law of P.W.1 saw the person who entered through the backside gate and enquired as to whom he is and why he has entered the house through the backside gate. He replied that he has come in search of house on rental basis and thereafter he along with the other person entered the house through the front side gate.

(3.) Thereafter, P.W.2 asked them to see the house at the upstairs of the house and also interacted with the persons as to the rent and advance for the house. Thereafter, the two persons went saying that they will come later. P.W.2 was working in ESI hospital and hence she left the house for her employment. At about 4.00 p.m. in the evening when P.W.1 was alone in the house and was giving Kanji for her child, the two unknown persons who came in the morning came again and enquired as to whether the rent and advance would be reduced. P.W.1 replied that it should be asked to her mother - in - law. Thereafter, they asked for water. 3