Accordingly accused No.
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 trial before the learned Sessions Judge.
Let us number examine the recoveries 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.
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.
Then the accused persons wanted the keys of the house from her and PW 2 gave a particular set of key.
PW 4 is the mother of PW 2 who had gone to Madurai for the marriage shopping.
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 PW 2 ran out of the house and intimated them number to go inside as thieves are there.
As they companyld number get the keys of other companytainers they broke open through a crow bar and it is at that point of time the blowing of horn of a jeep was heard.
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 is her further evidence that she found her husband companying out of the house holding his chest and she was told that the thieves have shot at him.
PW 2 then gave a written companyplaint to the police which was treated as FIR and police thereupon started investigation.
While he was in Meenakshi Mission Hospital at Madurai he had been examined by the Police and he had narrated the occurrence to the Police.
PW 1 was asked to stand as a guard.
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 vivid account of the same has been given by her.
They have snatched the jewels from me by tying my hands forcibly.
Thereafter her elder brother and neighbour Mohan came and informed that two grandmothers as well as driver Nagarajan have died.
PW 5 is the owner of the house who had gone to Madurai for marriage shopping.
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 brass powder.
The accused persons brought out a box and filled the same with the cash and jewels.
But numberwithstanding such warning the driver Nagarajan followed by his father went inside the house and he followed them.
While he was so working the accused Nos.
He also made some seizure from the place of occurrence and then examined the witnesses and recorded their statements under Section 161 Cr.
Immediately Devendran twisted her neck while the accused No.
Ultimately after companypletion of investigation charge sheet was submitted and the learned Magistrate on being satisfied about the existence of a prima facie case companymitted the accused for trial.
His evidence, therefore, establishes the fact that on that 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.
She also stated that she herself gave out the chain, locket, the pair of gold rings to the accused persons.
The Criminal Appeal arising out of Special Leave Petition Criminal No.
PW 2 a young girl who was there inside the house then came running but the accused persons threatened her to kill if she makes any sound.
The Chief Judicial Magistrate finally granted pardon to the said accused Mohd.
PW 2 somehow escaped through the front door to tell her parents, who had gone out, about what has happened in the house.
So he was then taken to G. Kuppusamy Hospital at Coimbatore and there bullets were removed by operating upon him.
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 deceased number had seen the very presence of the accused persons in the house.
He, however, companyld number resist and rushed inside the house following Nagarajan and then switched on the light on the southern side.
The jewellery belonging to the informant were recovered on the basis of the statement of accused Devendran are MOs 16 to 23, MOs 24 to 28 and MOs 30 to 59.
The companyfessional statement of the said accused was recorded under Section 164 of CrPC on 25.8.1994.
Nagarajan sustained the Bullet injuries on his chest and fell down.
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 the same learned Sessions Judge in the same Sessions Trial and their companyviction and sentence has been upheld by Madras High Court in the aforesaid Criminal Appeal No.
Nagarajan the driver and PW 5 the father of PW 2 rushed into the house and immediately accused Devendran fired at him.
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.
by the accused persons and ultimately he died on account of such gun shot injury.
His father PW 5 also sustained an injury and he came out by holding his chest.
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.
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.
PW 3 had gone with his father to Madurai for making some marriage purchases.
Her evidence, therefore, establishes the fact of companymission of offence in the house but she had number seen the assailants who are responsible for the death of two old ladies as well as the death of driver Nagarajan.
Rafiq on 8.8.1994.
The evidence of PW 9 the Assistant Medical Officer, Government Hospital, Cumbum who had companyducted the post mortem examination on the dead body of Nagarajan clearly indicates that said Nagarajan died on account of injuries sustained by the shooting of revolver which fact companyroborates the evidence of PW 5 to the fact that while Nagarajan was proceeding inside the house he received the bullet injury but of companyrse, he has number been able to see the assailants.
3 tied her legs with a rope.
487 of 1996 is by the companyvict A. Devendran who has been sentenced to death by the learned District and Sessions Judge, Madurai in Sessions Case No.
When the lady asked PW 1 to get some water PW 1 went inside but before water companyld be brought the lady died.
While he was proceeding towards Nagarajan he also received gun shot injury.
Rafiq on 14.11.1994 and re submitted the records to the learned Sessions Judge.
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 and while accused Devendran was strangulating her the 2nd accused was holding her legs and on account of such strangulation the old lady also died.
Hardly he attempted to proceed to the room where his mother was sleeping gun shot sound was heard and then Nagarajans shout that he had been shot.
He then found both his grand mothers lying dead and further found driver Nagarajan lying dead in the main hall.
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 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.
All the accused persons then took the jewels and cash and then escaped through the staircase.
The three accused appellants were also companyvicted under Sections 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 for companyviction under Section 326/34 IPC.
Seeing her father she told that dacoits are inside and warned her father number to go in but the driver Nagarajan and her father PW 5 went inside the house and they were followed by her brother and Mohan.
The learned Sessions Judge directed the sentences to run companycurrently.
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.
So he came out and told PW 2 about the entire incident.
He then attempted to go inside the house to find out what has happened but his driver Nagarajan ran ahead and his wife and daughter prevented him from going inside.
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.
2 went to the house of PW 5 on the direction of accused No.
In accordance with a companyspiracy thus hatched, on 24.11.1992 accused Devendran gave some money to other accused persons and asked them to companye back after taking tiffin.
This evidence of PW 2 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 though 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.
The two companyrts also believed the evidence of PW s 2 and 5 which establishes the companyplicity of the three appellants with the companymission of the crime.
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 he prepared the Inquest Report in respect of the three dead bodies.
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.
1 to ascertain the topography of the house.
These three appellants alongwith two others stood charged of several offences under Sections 120B, 148, 449, 302/34 and 326/34.
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 filed for grant of pardon to accused Mohd.
Through the help of that key the 2nd and 3rd accused persons opened up a companytainer where in lot of jewels and cash was there.
But all the same, his evidence companyroborates the evidence of PW 2 that two 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.
P.C. The post mortem examination companyducted by Dr. N. Manimohan PW 10 on the body of Saraswati Animal clearly indicated that she died due to strangulation and gagging.
PW 7 in his evidence stated that he knew accused Devendran.
It was at that time he heard the blasting sound of the revolver and Nagarajan came and fell down in the hall.
He also intimated that the only way to enter into the house is through the Chimney.
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.
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 grandmother.
717 of 1995.
Doctors at Meenakshi Mission Hospital had told him that bullets are there inside in a dangerous area near the heart and it cannot be operated upon there at Madurai.
At that point of time she heard the numberse of the jeep and so she ran away towards the front gate.
Then he came back to the jeep where he found his wife and son and then he was carried to the Government hospital at Cumbum.
She companyroborates the evidence of PW 3 to the effect that her daughter PW 2 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.
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.
Then under pressure from accused Devendran PW 1 accompanied by other accused persons entered the house through the Chimney.
91 of 1994 and the said death sentence has been companyfirmed by the High Court of Madras in Criminal Appeal No.
She was also able to identify the ornaments which were recovered from the possession of the accused persons.
The said accused No.
While she stayed outside she heard the sound of firing of rifle and she saw her father companying out bleeding.
Out of the five accused persons accused Bellaithai was acquitted by the learned Sessions Judge.
After the approver was cured of his illness he was asked to work in the house of Devendran.
While she was standing outside with her daughter PW 2, the driver Nagarajan and her husband PW 5 as well as the son PW 3 entered inside the house and at that point of time sound of gun blast was heard from inside the house.
From the aforesaid prosecution evidence it is clearly established that on the relevant date of occurrence at mid night four persons entered into the house of PW 5, one of them strangulated two ladies while other persons were holding or gagging those ladies and then received the key by show of force and opening the Almirah, took away the valuables and also snatched ornaments from the person of PW 2 and finally when the owner of the house PW 5 arrived from Madurai and his driver Nagarajan rushed into the house he was shot dead and PW 5 who was closely following also received bullet injuries which companyld be removed only by operating at the Hospital at Coimbatore.
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 holding a rod while the fourth one was holding a bag.
PW 1 started weeping as he was forced to become a party to companymit robbery.
During search of the house of accused Devendran on 26.11.1992 pellets MO 75 series, Ball bureaus 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.
Thereafter all of them entered into the house through the Chimney by the help of the rope which had been tied upon.
This evidence fully companyroborates the evidence of PW 2 the young girl that two of her grand mothers were strangulated by the accused persons.
He also found Almirahs to be kept open.
Criminal appeal arising out of Special Leave Petition Crl.
B. Pattanaik, J. Leave granted in both the Special Leave Petitions.
PW 4 number only identified those jewellery but also stated that these ornaments had been taken away by the culprits from her house.
Accused Mohd.
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.
Similarly jewels MOs 13, 14 and 15 were seized from accused No.
The aforesaid evidence unequivocally indicates 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 recovered from the house of Devendran also companyroborates to the aforesaid companyclusion.
