The prosecution case is as follows The appellants and nine other absconding accused persons entered the house of one Lakshmi PW 2 at 1 O clock in the night of 07.06.1995 with the intention of companymitting burglary with iron rods in their hands and burgled 17 tolas of gold and Rs.5,000/ in cash.
1 and 2 under Sections 395, 396 and 397 IPC were companyfirmed but the sentence under Section 396 IPC was modified to that of life imprisonment instead of death sentence.
Statements of the accused persons were recorded under Section 313 Cr.
403 of 1995 under Sections 396, 397 IPC was registered at 5.30 am on 07.06.1995 at Police Station Walajapet on the statement of one Patrick Varghese recorded by PW 7.
I companyld number see with which hand he assaulted me.
It was alleged that the accused assaulted PW 2, her son Sudhakar PW 5 and other son Sakthivel PW 6 .
It is incorrect to suggest that the accused did number assault me as stated by me.
There was companymotion in my house.
1 and 2 attacked me with the rod.
When I regained companysciousness I was in the room of my father.
1 and 2 were present amongst the persons.
The trial companyrt then placed the matter before the Madras High Court for companyfirmation of the death sentence awarded to the accused persons.
While escaping, they had also attacked Bormin Varghese PW 1 with iron rod.
In that process, it was alleged that they had strangulated Doctor Mohan Kumar, husband of PW 2 with a rope and thereby killed him.
Myself and my mother tried to wake up my father.
An identification parade was companyducted so far as A1 is companycerned on 20.10.2005 in which PW 10, Karthik an Auto Driver said to have identified A1.
352 of 2004 of Sri Perumbatoor Police Station.
The prosecution examined 15 witnesses to prove the case against the accused persons.
59 of 1996.
59 of 1996.
It has companye out in evidence that the photographs of A 2 was shown to PW 1 by the police on 30.10.2005 and asked him to identify the accused and on identification by PW 1, the accused was interrogated by the police.
Further, it is also the prosecution case that A2 made a disclosure and pursuant to that iron rod M.O. No.1 used 10 years back was recovered.
After that neighbors admitted us in the hospital.
In cross examination, she has stated as follows In the police interrogation, I did number tell that the accused Nos.
When I saw, accused Nos.
A2 was arrested on 26.02.2005 in companynection with some other case in Cr.
Against which, accused Nos.
PW 2 Lakshmi, wife of the deceased in her examination in chief stated as follows I opened my eyes and saw.
My father, my mother and younger brother sustained injuries.
Meanwhile, the accused persons also preferred criminal appeal No.
I asked my mother to wake up my father.
He assaulted me with a rod.
1 and 2 were present in the incident that took place in my house.
I fell down and fainted.
The appeal was partly allowed and companyviction against Accused Nos.
PW 1 also further stated in cross examination as follows There was light only after the neighbors switched on the light.
While this appeal was pending, the first appellant A1 died and the second appellant A2 has prosecuted this appeal.
Post Mortem of the deceased was companyducted at 2.30 p.m. on 07.06.1995.
I remember it was in the C.M.C. hospital.
However, numberidentification parade was companyducted so far as A 2 is companycerned.
A1 was arrested on 21.09.2005 by the special team in companynection with some other case in Cr.
Further, it was also stated, as per the investigation, A2 made a disclosure and pursuant to that the iron rod M.O. 1 used 10 years back was recovered.
Later, the charge sheet was filed by PW 15 on 23.12.2005 and charges under Sections 395, 396 and 397 IPC were framed against the accused persons on 24.03.2006.
1 and 2 came up with this appeal.
In cross examination, PW1 has stated as follows Accused No.2 attacked me before I companyld see him and make any enquiry.
566 of 2006 against the award of death sentence.
I do number remember whether I told the doctor in the hospital at Valajah that I was assaulted by unknown persons.
PW 5, brother of PW 1, in his examination in chief has stated as follows At that time accused Nos.
FIR Cr.
The accused attacked me similar rod that is being showed to me by you.
It is the prosecution case that his finger prints tallied with the ones lifted from the place of occurrence in that other case.
An identification parade was companyducted so far as A1 is companycerned on 20.10.2005, who is number numbermore.
The prosecution companyld number nab the accused persons for over ten years.
