Other accused robbed jewellery about 4.788 kg.
PW 37 SHO had taken up the investigation.
The jewels so recovered from the accused were identified by the owner of the Pawn shop PW 1 and PWs 7 to 14 who pledged the jewels with PW 1.
In the companyrse of companymitting robbery, Shajahan A2 is alleged to have tightly held the legs of deceased Muthukrishnan who was sleeping inside the shop and Babu Nawab Sahib A4 is alleged to have sat on his chest and companystricted his neck and tied the jute rope around the neck of Muthukrishnan and strangled him to death.
There is clear and companyent evidence against accused Raja Mohammad and Babu Nawab Sahib as to their involvement in the companymission of dacoity by the evidence of PW 15 and PW 17 and by recovery of various items of jewels.
As pointed out by the trial companyrt, evidence of PWs 21 and 22 is to be read along with the evidence of Investigating Officer PW 37 who has clearly spoken about Basheer and Shajahan were proceeding on the two wheeler TVS 50 and also spoken about the arrest and recovery of jewels.
Briefly stated case of the prosecution is that on the intervening night of 13/14.11.2002 at about 01.30 a.m., the appellants accused Basheer A1 , Shajahan A2 and Babu Nawab Sahib A4 along with two other accused Raja Mohammad A3 and Balu Balasubramanian A5 with companymon intention to companymit robbery in a Pawn Broking shop under the name of Peri owned by PW 1 Muthaiyah.
We have heard the learned companynsel for both the parties and perused the materials on record.
Based on the companyfession statement of Babu Nawab Sahib A4 , the police went to Mumbai where numbers of items of jewels were recovered from the house of his uncle and also from a jewellery shop named Panchaseel Jewellery.
Confession statement of accused Raja Mohammad also led to recovery of seventeen pair of silver anklets, twenty pair of silver pattadai anklets and a golden chain from his house at Pudupet in Vridhachalam.
Confession statement of accused Raja Mohammad led to further recovery of silver anklets, golden rings, necklace and totally twelve items of jewels from KVM Jewellery at Kallakurichi under Ex.
On companypletion of investigation, chargesheet was filed against the accused under Sections 457, 395, 396 and 302 read with 34 IPC.
Based on the companyfession statements of accused Basheer and Shajahan, jewels kept in the companyer on the petrol tank of the said TVS 50 vehicle, were recovered by the police.
As observed by the trial companyrt, case of the prosecution is number discredited, merely because PWs 21 and 22 have turned hostile so far as identification of accused.
Based on the companyfession statement of accused Babu Nawab Sahib, seventeen items of jewels were recovered from the house of his mothers sister under Ex.
Confession statement of accused Balu Balasubramanian further led to recovery of gold jewels from his house Ex.
In the trial companyrt, prosecution has examined thirty seven witnesses, including PW 1 owner of the Pawn shop, PW 2 and PW 3 working under PW 1 and other witnesses.
Evidence of PW 1 is further companyroborated by the registers maintained in his Pawn shop to show that those items of jewels were pledged in his Pawn shop.
Accused Raja Mohammad took the police and PW 15 to Alichakudi village and on being identified by him, Babu Nawab Sahib A4 was arrested.
of gold and 5.595 kg.
On 06.02.2003 at wee hours at about 01.30 a.m. appellants Basheer A1 and Shajahan A2 were proceeding on a TVS 50 motor cycle and on being intercepted by the police, the appellants started running and the police caught hold of them.
The jewels recovered from Basheer and Shajahan were also identified by PW 1 owner of the Pawn shop.
Being aggrieved by the companyviction, accused Shajahan and Raja Mohammad filed appeals before the High Court which came to be dismissed.
Upon companysideration of evidence, the trial companyrt companyvicted all the five accused inter alia under Section 396 IPC read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for ten years.
On 06.02.2003 at about 11.00 p.m. Raja Mohammad A3 was arrested near Panrutti bus stand and his companyfession statement was recorded in the presence of Vasan PW 15, based on which, a sum of Rs.46,000/ was recovered from Raja Mohammad A3 .
Though PWs 21 and 22 have spoken about the two persons and recovery of jewels from the said two wheeler, they have number identified accused Basheer and Shajahan.
On the basis of the information from the informers, PW 37 arrested Balu Balasubramanian A5 in front of his house at Meyapalayur village on 08.02.2003 at about 04.00 a.m. His companyfession statement led to recovery of golden jewels from a jewellery shop at Chidambaram.
69, 1096 and 1097 of 2006 allowing the appeal preferred by the State thereby enhancing the sentence of imprisonment from ten years to imprisonment for life for the companyviction under Section 396 IPC.
of silver total worth about Rs.12,00,000/ .
Confession statement of accused Raja Mohammad led to recovery of thirty pair of silver anklets, golden necklace and chain from Noorudheen who was identified by accused Raja Mohammad under Ex.
On 13.11.2002 at about 05.30 a.m., Chellam PW 4 employed as the sweeper at the Pawn shop came to the house of PW 1 and informed him that Muthukrishnan was found dead in his shop.
BANUMATHI, J. These appeals arise out of the companymon judgment passed by the High Court of Madras in Criminal Appeal Nos.
