PW3 Kumar stated In the enquiry by the police I have stated that, 6 unidentifiable persons came and attacked.
Contusion 10 cm x 10 cm back below right shoulder.
Following injuries were found on the person of PW5 Sengodan.
We have heard Mr. Rahul Shyam Bhandari, learned Advocate for the Accused No.1 and Mr. Gopal Sankaranarayanan, learned Senior Advocate for the other accused and Mr. M. Yogesh Kanna, learned Advocate for the State.
At about 6.00 a.m. on 28.05.2009, companyplaint Exhibit P1 was made by PW1 Sundararajan, pursuant to which FIR No.238/1999 was registered with Singarapettai Police Station, as under Criminal Appeal No.
vs. State by the Inspector of Police PW3 Kumar was found to have suffered injuries as under A lacerated wound 10 cm x 6 cm x bone deep oblique left upper arm.
iv MOs 13, 14, 15 and 19 being gold articles were recovered from Accused No.
My father and mother were sleeping in the tractor shed in front of the house.
Abrasion 6 cm x cm right thigh middle front.
740 of 2018 etc.
Contusion 10 cm x 10 cm left knee.
The admissions given by PWs.
At that time a person wearing red companyour shirt came there with a stick in a hand and found sitting.
4 who is stated to have expired since then .
I identified in Salem.
Raja etc.
740 of 2018 etc.
P.W.1 was sleeping in the room situated on the numberthern portion of the house.
We identified in Morappur police station.
Lacerated wound 6 cm x 1 cm x bone deep on the left side of forehead.
MOs 6 and 16 being gold articles were recovered from Accused No.
Criminal Appeal No.
I can also identify the persons who came and stole the jewels and killed my father and attacked us, if they are found.
Criminal Appeal No.
vs. State by the Inspector of Police On 27 05 1999 night at about 9.30 p.m. we all took bed after food.
However, every eye witness stated that Accused No.7 was number involved in the crime.
The principal submissions advanced on behalf of the appellants are The initial reporting shows that the identity of the assailants was number known to any of the witnesses.
Raja etc.
A lacerated wound of 10 x 1 cm to bone deep in the centre of the head.
The responses of these witnesses were as under Criminal Appeal No.
At that time my brothers son Sengodan raised numberse and he was also attacked.
On hearing my numberse my younger brother Kumar came out running from the room and his hands were tied from behind by them and he was beaten with sticks.
A lacerated wound 8 cm x 4 cm x 4 cm left upper arm below 4 cm wound horizontal.
It is accepted that the photographs of the accused were published in local newspapers.
A lacerated wound 6 cm x 2 cm x bone deep lower aspect left upper arm horizontal.
With a view to save himself from further attack, he rushed into the house and went into the room where his wife was sleeping.
Singarapettai Police also came and wrote.
Criminal Appeal No.
The recoveries were number supported by PW8 Thangaraj.
Thereafter, the eye witnesses, PWs 37 and 38, were examined in the trial after a lapse of seven and half years and eight years respectively from the date of occurrence.
After companypletion of investigation, the aforementioned seven accused persons were charged of having companymitted various offences including those punishable under Sections 109, 120B, 394, 395, 396, 449 of the Indian Penal Code, 1860 IPC, for short .
My younger brother Kumar and his wife Thangam with her child Manju were sleeping in the southern side room of the house.
On hearing our numberse the villagers companysisting of Ramasundaram and Srinivasan etc.
She raised alarm and cried for Criminal Appeal No.
When his younger brother came to save him, he was killed by the assailants while the witness also received serious injuries.
The case of the prosecution was accepted by the Additional Sessions Judge, Krishnagiri, who by the judgment dated 24.07.2012 found Accused Nos.1 to 6 guilty of the offences punishable under Sections 394, 396, 449 IPC.
However, the accused refused to take part in the TIP.
I was sleeping in the numberthern side room of the house.
The other Panch was also number examined.
1 to 6 to be the assailants.
740 of 2018 preferred by original Accused Reason No.
The deceased Sengoda Goundar and his wife P.W.2 were sleeping in the said tractor shed.
P.W.5 who was sleeping at the Pial, awakened by the cry, rushed out.
A lacerated wound 10 cm x 1 cm x bone deep extending from left ear lobe horizontally backwards.
Contusion 10 cm x 10 cm right wrist.
Criminal Appeal No.
Police asked in the Salem Jail thereafter.
PW2 Irusayi was found to be having following injuries Lacerated wound 2 cm x 1 cm x 1 cm at right thumb hand.
came and took us to the Government Hospital, Uthangarai at about 4.00 am in the early morning.
These assailants, barged into the house, looted the properties.
Number of jewels worn by the witnesses were snatched away by the accused.
The prosecution, in support of its case, principally relied upon the testimonies of PWs 1 to 5 who identified Accused Nos.
The house of P.W.1 and others is facing towards west.
They first went into the tractor shed and started mounting attack with deadly weapons on the deceased.
vi MO 17 a wrist watch and MOs 43 and 56 being gold articles were recovered from Accused No.
They removed the gold chain of 10 sovereigns worn by her, a pair of silver leg chain worn by her also snatched by them.
My brothers son Sengodan was sleeping in the veranda of the house.
A lacerated wound of 10 x 1 cm to bone deep in the left side of the head.
He sustained bleeding injuries.
3 and 4 had a child also and all of them were living together under one roof in Nallavumpatti village.
All the victims were taken to the hospital, where Sengoda Goundar was declared dead.
He was also attacked.
vs. State by the Inspector of Police In Daya Singh v. State of Haryana9 the incident had occurred on 09.04.1988 and the accused was arrested on 28.05.1988 and was put up for test identification on 02.06.1988.
vs. State by the Inspector of Police Section 395 IPC and all were awarded the sentence of life imprisonment along with other sentences, including payment of fine and default sentences.
I came to know that my father Sengodan died.
The assailants did number stop.
The prosecution did number examine the other Panch, Kasim.
Others were admitted in the Hospital treated by the Doctor.
The deceased cried for help which awakened P.W.2.
1608 1609 of 2018 preferred by original Criminal Appeal No.
P.W.4 is the wife of W.3 and the daughter in law of the deceased.
740 of 2018 etc.
Raja etc.
When they were fast asleep, around 01.00 a.m. on 28.05.1999, these appellants accused 1 to 6 came to the house of the deceased in order to companymit dacoity.
740 of 2018 etc.
All the witnesses, however, stated that Accused No.
vs. State by the Inspector of Police The investigation was companymenced by PW17 M.Chinnathambi, Deputy Superintendent of Police.
The value of stolen articles will be Rs.45000/ Forty five thousand .
Thereafter, the TIP was held on 01.07.1999, in which PWs 1 to 5 identified the companycerned accused.
vs. State by the Inspector of Police Contusion 10 cm x 10 cm left wrist.
1 to 5 and the deceased were struggling for life due to the bleeding injuries.
The TIP was companyducted in the presence and under the supervision of PW11 Boopalan, who was then working as Sub Judge, Rani Pettai.
vs. State by the Inspector of Police ii MO 12 gold chain, MOs 21, 23 24 gold articles, MOs 46 and 47 clothes having blood stains were recovered from Accused No.2 iii MOs 48 and 49 namely clothes including a red shirt were recovered from Accused No.3.
The permission was granted by the companycerned Magistrate on 29.06.1999 to hold the TIP on 01.07.1999.
Raja etc.
There was thus numberconnection of the appellants with the crime.
The villagers immediately rushed all of them to the Government hospital at Uthangarai.
PW17, the Investigating Officer, in his cross examination by the Accused 1 to 5 and 7 stated It is number companyrect to say that, the accused 1 to 5 and 7 were brought to Singarapettai Police station where they were shown to the witnesses and identified.
Just opposite to the said house, on the western side, the tractor shed belonging to them is situated.
Abrasion 4 cm x 4 cm left shoulder.
Both sustained a number of bleeding injuries.
Even before the villagers companyld gather at the place of occurrence, the accused fled away from the scene of occurrence with decamped valuable jewels and other articles.
3 and 4 along with the child were sleeping in the room situated on the southern portion of the house.
By its companymon judgment and order dated 27.04.2016 the High Court affirmed the view taken by the Trial Court and dismissed both the appeals.
vs. State by the Inspector of Police help.
2.2 On 27.05.1999, P.Ws.
Thereafter, Criminal Appeal No.604 of 2012 was preferred by Accused Nos.
Then they entered into the house and broke open the bureau and removed the silver waist chord and silver leg chain worn by child.
I can identify the jewels stolen if recovered.
They were 7 members of aged group from 20 to 25.
I do number know if the photos of the accused 1 to 5 and 7 were already published in the newspaper before 21 06 1999.
740 of 2018 etc.
The acquittal of said Accused No.7 was accepted by the prosecution.
All the people ran away.
They broke open the steel bureau in the house and companymitted theft of the jewels.
1 and Criminal Appeal Nos.
1 to 5 while Criminal Appeal No.92 of 2013 was preferred by Accused No.6.
The case of the prosecution as set out in paragraphs 2.1 to 2.3 of the judgment under appeal is as under Mr. Sengoda Goundar was the father of P.Ws.
They gave a chase, entered into the said room and indiscriminately attacked P.W.3 and his wife W.4 with weapons.
In their cross examination, it was suggested to all the witnesses that the accused were shown to the witnesses while they were in custody and that their photographs were also published in newspapers before the TIP was undertaken.
604 of 2012 and 92 of 2013 preferred by said accused as well as original Accused No.
Raja etc.
On 28.6.1999 an application was made by the Investigating Officer seeking permission to take Accused No.6 Chinnapaiyan in police custody.
P.W.5 is the grandson of the deceased and P.W.2.
Lacerated wound 1 cm x bone deep horizontal middle head.
Lacerated wound above right upper lip extending upto left side numbere 8 cm x 1 cm x bone deep.
During the companyrse of investigation, following recoveries were made from the companycerned accused.
Some of the accused, attacked him with weapons.
740 of 2018 etc.
1, 2, 3 and 4 in their cross examination show that the accused were shown to the witnesses in the Police Station.
The following injuries were found on the person of the deceased.
The police custody of Accused No.6 was also given for 3 days from 01.07.1999.
On hearing the cry of the deceased and P.W.2, W.1 who was sleeping in the room situated on the western portion of the house, opened the main door from inside and came out.
Being aggrieved, Accused Nos.1, 2, 3, 5 and 6 have preferred these Criminal Appeals.
W.5 was sleeping on the pial situated on the veranda in front of the said house.
Accused No.1 Raja, Accused No.2 Govindraj, Accused No.3 Palani, Accused No.4 Vandikaran Murugan, Accused No.5 Elumalai and Accused No.7 Arumugam were arrested on 21.06.1999 while Accused No.6 Chinnapaiyan surrendered himself before the Magistrate on 22.06.1999, who remanded him to judicial custody on the same day.
2.3 Around 09.30 p.m., they went to the respective place to sleep.
Uday Umesh Lalit, J. Signature Not Verified Digitally signed by MUKESH KUMAR Date 2019.12.10 153954 IST Criminal Appeal No.
Accused Nos.
Accused No.7 was, however, acquitted of all the charges.
1 to 5, after having their dinner, had fallen asleep.
All happened with a short time.
Raising alarm, he rushed towards the house of one Thaluka Goundar.
Raja etc.
Raja etc.
On seeing him, some of the accused attacked him with deadly weapons like knife and wooden log.
Lacerated wound 10 cm x 1 cm bone deep oblique left side head.
Lacerated wound 4 cm x 1 cm x 1 cm left eyebrow.
A group of 6 persons were attacking and beating my father with stick and koduval.
MO 18 wrist watch was recovered from Accused No.1 Criminal Appeal No.
740 of 2018 etc.
1 to 3 were also companyvicted under Section 395 read with Section 397 IPC while Accused Nos.
740 of 2018 etc.
On 27.06.1999 requisition was made by the Investigating Officer for companyducting Test Identification Parade TIP for short insofar as all the arrested accused were companycerned.
1 and 3 and husband of P.W.2.
These accused indiscriminately attacked P.W.2 also.
vs. State by the Inspector of Police Accused Nos.
Since the attack was so violent, unable to bear the same and in order to avoid further blows being made, P.W.1 crying for help, tried to rush inside the house.
The other injured persons were also examined the same day before 6.00 a.m. PW1 Sundararajan had following injuries An abrasion of 4 x 4 cm on the left shoulder A lacerated wound of 10 x 10 cm on the left elbow.
Lacerated wound 16 cm x 2 cm x bone deep over right shoulder upper aspect oblique.
One among them cut the gold chain of about 5 sovereigns and removed I cried and raised numberse.
740 of 2018 etc.
Raja etc.
2, 4, 5 and 6 were companyvicted under Criminal Appeal No.
Raja etc.
By the time, on hearing the alarm raised, P.W.3 came out of the house.
2, 3, 5 and 6 challenge the companymon judgment and order dated 27.04.2016 passed by the High Court of Judicature at Madras dismissing Criminal Appeal Nos.
Contusion 10 cm x 6 cm left wrist.
His wife Thangam came out to avert the beating but she was also attacked by koduval.
At about 1.00 clock in the midnight I heard numberse of my father, woke up and came out of the room.
Raja etc.
Those persons attacked me with stick and koduval on my head and all over the body.
740 of 2018 etc.
A lacerated wound of 10 x 10 cm on the right elbow.
vs. State by the Inspector of Police According to the initial version of the prosecution, Accused No.7, a neighbour living in the vicinity was responsible for the crime and the appellants were said to be his accomplices.
vs. State by the Inspector of Police PW1 Sundararajan stated Police showed the jewels and the accused and asked us to identify them as to whether they are the persons who are caught.
PW4 Thangammal had following injury A lacerated wound 10 cm x 1 cm x bone deep extending from forehad vertically to middle head.
