Similarly jewels MOs 13, 14 and 15 were seized from accused number 3 which the culprits had snatched from PW2 and MO 29 was seized from accused number 2 under Mazahar Exhibit P 35 and PW4 identified the same to belong to the family and had been stolen in the companyrse of dacoity.
In his cross examination he categorically stated that he had been able to identify the pistol by seeing welded part of the trigger of the pistol.
2 and 3 came to the house of Devendran and informed him that there was lot of jewels and cash in the house of PW 5 and they companyld companymit robbery in the said house.
Rafiq was granted pardon by the Chief Judicial Magistrate on 14.11.1994 while the case had already been companymitted to the companyrt of Sessions and was pending trail before the learned Sessions Judge.
He evidence, therefore, establishes the fact of companymission of offence in the house but she had number sen the assailants who are responsible for the death of two old ladies as well as the death of driver Nagarajan.
He also identified the portion of MO2 stating that it is this welding he had done on the pistol.
he then attempted to go inside the house to find out what has happened but his driver Nagarajan ahead and his wife and daughter prevented him from going inside.
Through the help of that key the 2nd and 3rd accused persons opened up a companytainer wherein lot of jewels and cash was there.
She has been cross examined at great length by the accused persons but we do number find anything that has been brought about in cross examination to impeach the veracity of her statement.
But numberwithstanding such warning the driver Nagarajan followed by his father went inside the house and he followed them.
PW 2 somehow escaped through the front door to tell her parents, who had gone but, about what has happened in the house.
While she was standing outside with her daughter PW2, the driver Nagarajan and her husband PW5 as well as the son PW3 entered inside the house and at that point of time sound of gun blast was heard from inside the house.
She was also able to identify the ornaments which were recovered from the possession of the accused persons.
The accused persons then entered into the room where another lady was sleeping and accused Devendran strangulated the said lady with a piece of cloth while accused Devendran was strangulating her the 2nd accused was holding her legs and on account of such strangulation the old lady also died.
Ultimately after companypletion of investigation chargesheet was submitted and the learned Magistrate on being satisfied about the existence of prima facie case companymitted the accused for trail.
His evidence, therefore, establish, the fact that on the fateful night while he was trying to get into the house to find out what all has been stolen and what incident had happened right in his front his driver Nagarajan received the gun shot injury and then he also received the bullet injury which companyld be removed only in the Hospital at Coimbatore.
They have snatched the jewels from me by tying may hands forcibly.
PW3 had gone with his father to Madurai for making some marriage purchases.
As they companyld number get the keys of other companytainers they broke open trough a crow bar and it is at that point of time the blowing of horn of a jeep was heard.
P.C. The post mortem examination companyducted by Dr. N. Manimohan PW 10 on the body of Saraswati Ammal clearly indicated that she died due to strangulation and gagging, Similarly the evidence of Dr. R. Anandan PW 11 who had companyducted the post mortem examination on the dead body of Deivammal the other lady establishes the fact that she died due to strangulation of the neck and smothering.
The jewellery belonging to the informant were re companyered on the basis of the statement of accused Devendras are MOs 16 to 12, MOs 24 to 28 and MOs 30 to 59.
According to him they reached the village at about 2.00 a.m. and hardly they had gone inside after getting down from the jeep his sister PW2 ran out of the house and intimated them number to go inside as thieven are there.
He states in his evidence that when they were getting down from the jeep at about 2.00 a.m. his daughter Priya came running from inside the house and stated Daddy thieves are companymitting theft in the house.
It was at that time he heard the blasting sound of the revolver and Nagarajan came and fell down in the hall.
Nagarajan the driver and PW 5 the father of PW 2 rushed into the house and immediately accused Devendran fired at him.
The case has been companymitted to the Court of Sessions on 27.1.1994 and while the matter was pending before the learned Sessions Judge an application was foiled for grant of pardon to accused Mohd.
PW 1 was asked to stand as a guard.
In addition to the aforesaid evidence of the four inmates of the house with regard to the occurrence in question, the evidence of the Investigating Officer PW 25 who at the relevant time was the Inspector of Police Chinnamannur Circle clearly indicates that on reaching the place of occurrence he found the dead bodies of two ladies as well as the dead body of the deceased Nagarajan and the prepared the Inquest Report in respect of the three dead bodies.
The accused persons then went out of the place of occurrence and distributed the ornaments recovered from the house of PW 5 and then dispersed.
After the approver was cured of his illness he was asked to work in the house of Devendran.
But all the same, his evidence companyroborates the evidence of PW4 that was grand mothers were found dead inside the house and it further establishes that the driver Nagarajan who entered into the house after getting down from the jeep was shot at by the accused persons and ultimately he died on account of such gun shot injury.
717 of 1995.
Thereafter her elder brother and neighour Mohan came and informed that two grand mothers as well as driver nagarajan have died.
Rafiq on 14.11.1994 and re submitted the records to the learned Sessions Judge.
He then found both his grand mothers lying dead and further found driver Nagarajan lying dead in the main hall.
All the accused persons the took the jewels and cash and then escaped through the staircase.
Hardly he attempted to proceed to the room where his mother was sleeping gun shoot sound was heard and then Nagarajans shout that he had been shot.
Let us number examine the recovered of the ornaments and other incriminating materials from different accused persons which have been identified by the inmates of the house to belong to them.
Nagarajan sustained the Bullet injuries on his chest and fell down.
The Chief Judicial Magistrate finally granted pardon to the said accused Mohd.
The learned Sessions 164 of Code of Criminal Procedure on 25.8.1994.
Doctors at Meenakshi Mission Hospital and tole him that bullets are there inside in a dangerous area near the heart and it cannot be operated upon their at Madurai.
When the lady asked PW 1 to get some water PW 1 went inside but before water companyld be brought the lady died.
487 of 1996 is by the companyvict A. Devandran who has been sentenced to death by the learned District and Session Judge, Madurai in Sessions Case No.
While he was proceeding towards Nagarajan he also received gun shot injury.
She being an inmate of the house and being present at the time of the companymission of the offence had the full opportunity to numberice the manner in which the incident occurred and vide account of the same has been given by her.
1992 accused Devendran gave some money to other accused persons and asked them to the companye back after taking tiffin.
PW 2 a young girls who was there inside the house then came running but the accused persons threaten her to kill if she makes any sound.
PW 7 in his evidence stated the he knew accused Devendran.
2 replied that his mother who was accused number 5 has been working in the house of PW 5 for more than ten years and, therefore, it would number be difficult to know the topography of the house from her.
PW 2 then gave a written companyplaint to the police which was treated as FIR and police thereupon started investigation.
3598 of 1996 is by accused R. Pandian and R. Thungamalai who have been companyvicted under Section 302 and have been sentenced to imprisonment for life by same learned Sessions Judge in the same Session Trial and their companyviction and sentence has been upheld by Madras High Court in the aforesaid Criminal Appeal No.
At the point of time accused No.
Then the accused persons wanted the keys of the house from her and PW 2 gave a particular set of key.
PW 1 started weeping as he was forced to become a party to companymit a robbery.
Then under pressure from accused Devendran PW 1 accompanied by other accused persons entered the house through the Chimney.
By this time several other people had gathered but numberody companyld venture to catch hold of the accused persons as they were having the guns and threatened to kill whosoever tries to catch them.
NO.398 OF 1996 PATTANAIK,J. Leave granted on both Special leave Petitions.
He however, companyld number resist and rushed inside the house following Nagarajan and then switched on the light one the southern side.
The three accused appellants were also companyvicted under Section 120B, 449, 326/34 IPC and were sentenced to imprisonment for 10 years for companyviction under Section 120B, 10 years for companyviction under Section 449 and 3 years fro companyviction under Section 326/34 IPC.
PW5 is the owner of the house who had gone to Madurai for marriage shopping.
She companyroborates the evidence of PW3 to the effect that her daughter PW2 came running from the house as soon as the jeep reached the house and warned them from entering into the house as thieves are there inside.
The two Courts also believed the evidence of PWs 2 and 5 which establishes the companyplicity of the three appellants with the companymission of the crime.
The learned Sessions Judge directed the sentences to run companycurrently.
While he was so working the accused Nos.
Thereafter all of them entered into the house through the Chimney by the help of the rope which had been tied upon.
He also made some seizure from the place of occurrence and then examined the witness and recorded their statements under Section 161 Cr.
Accused Devendran, however, respondent that it would number be easy affair to companymit dacoity without knowing the topography of the house.
These three appellants alongwith two others stood charged of several offence under Section 120B, 148, 449, 302/34 and 326/34.
He also intimated that the only way to enter into to the house is through the Chimney.
Accordingly accused number 2 went to the house of PW 5 on the direction of accused number 1 ascertain the topography of the house.
PW 4 is the mother of PW2 who had gone to Madurai for the marriage shopping.
Rafiq on 8.8.1994.
The accused persons then removed the key from the bag of the grand mother and then opened the bureau and removed cash and jewels from the blue companyour box.
This evidence fully companyroborates the evidence of PW 2 the young girl that two of her grand mothers were strangulated by the accused persons.
The accused persons brought out a box and filled the same with the cash and jewels.
While he was in Meenakshi Mission Hospital at Madurai he had been examined b the Police and he had narrated the occurrence to the Police.
Before the learned Sessions Judge the said accused who was granted pardon by the Chief Judicial Magistrate was examined as PW 1 and thereafter the other prosecution witness were examined and finally the learned Sessions Judge by his judgment dated 14th July, 1995, companyvicted the three accused appellants under different Sections and sentenced them differently as already stated.
During search of the house of accused Devendran on 26.11.1992 pellets MO75 series, Ball beareaus Paulrus pellets , empty cartridges MO 78, paper companyks of bullet cartridges MO 93, empty cartridges MO 79 which companyld be used in 12 bore gun were all seized under Exhibit P 31.
So he was taken to G. Kuppusamy Hospital at Coimbatore and there bullets were removed by operating upon him.
His father PW5 also sustained an injury and he came out by holding his chest.
on 24.11.
His evidence establishes the companymission of offence of robbery in the house and three people found dead in the house one of whom on account of gun shot but neither he had seen the actual assault given by anyone of the accused persons on any of the decreased number had seen the very presence of the accused persons in the house.
sentence has been companyfirmed by the High Court of Madras in Criminal Appeal No.
Since the accused persons were number known to her she has number been able to identify which of the accused person strangulated the senior grand mother and which of the accused person strangulated the junior grand mother.
Then he came back to the jeep where he found his wife and son and then he was carried go the Government hospital at Cumbum.
This evidence of PW2 establishes the fact of dacoity having been companymitted in the house and the fact of murder of her two grand mothers by way of strangulation by four accused persons throught the witness is unable to identify as to which of the accused person strangulated the elder grand mother and which of the accused person strangulated the younger grand mother.
It was further established MO 78 seized from the house of accused Devendran as well as empty cartridges seized under Mazahar 28 are similar in nature.
It is he who had brought one pistol and requested him to weld the trigger and said PW 7 had done the welding and thereafter Devendran had taken away the pistol giving him Rs.15/ .
There at Cumbum hospital he was advised to go to madurai and so he was taken to Madurai and was admitted in the Meenakshi Mission Hospital.
Immediately Devendran twisted her neck while the accused number3 tied her legs with a rope.
In accordance with a companyspiracy thus hatched, on 24.11.1992 accused Devendran gave some companyspiracy thus hatched.
It is further evidence that she found her husband companying out of the house holding his chest and she was tole that the thieves haves shot at him.
He also found Almiriahs to be kept open.
Out of the five accused persons accused Bellaithai was acquitted by the learned Sessions Judge.
The said accused number 2 then intimated that the inmates of the house of PW 5 will be going out on 24.11.1992 and that would be an ideal occasion for companymitting robbery.
with him for the Respondents J U D G M E N T The following Judgment of the Court was delivered with CRIMINAR APPEAL NO.988 OF 1997 SPECIAL LEAVE PETITION CRL.
The High Court by the impugned judgment apart from affirming the companyviction and sentence under Section 302 IPC, as already stated, affirmed the companyviction and sentence under Section 449, 326/34 IPC and 120B. The prosecution case in nutshell is that accused Devendran had given some monetary assistance to the approver PW 1 while he was ill.
717 of 1995.
He was examined as approver and is PW 1 in the criminal proceedings.
The second accused was holding a pistol and the third one holing a rod while the fourth one was holding a bag.
Criminal appeal arising out of Special Leave Petition Crl .
V.G. Pragasam, Adv.
While she was holding her husband who had been injured and was preparing to take her husband to the hospital she was informed about the death of the two ladies as well as the death of the driver Nagarajan.
91 of 1994 and the said death.
The Criminal Appeal arising out of special Leave Petition Criminal No.
After entering the house accused Devendran made some sound and on hearing the said sound an old lady came out of the room through the kitchen.
So he came out and told PW2 about the entire incident.
Further prosecution case is that the accused persons while entering into the house of PW 5 to companymit robbery took with them a double barrel gun, a pistol, a small knife, a torch light, gloves and some ropes.
The pistol MO 2 was lying in front of the house of PW 20 and was seized under Mazahar Exhibit P 30 the trigger of the pistol had been welded with bras powder.
for the appellants Mohan, Sr.
The prosecution has further been able to establish that the pellet which was removed from the body of PW 5 are similar in size as pellets MO 72 series recovered from the house of acccused Devendran.
Accused Mohd.
The aforesaid evidence unequivocally indicated that the pistol which was used for shooting driver Nagarajan and injured PW 5 was the pistol belonging to the accused Devendran and the empty cartridges recover from the house of Devendras also companyroborates to the aforesaid companyclusion.
PW 4 number only identified those jewellery but also stated theat these ornaments had been taken away by the culprits from her house.
