N.Sathish Kumar, J. - (1.) Aggreived over the Judgment dated 18.03.2008 passed by the learned First Additional Sessions Judge, Madurai, in S.C.No.142 of 2007, these Criminal Appeals are filed.
(2.) The brief facts of the prosecution case are as follows:- (i)On 10.11.2006 at about 03.00 A.M., while P.W.7, the Sub Inspector of Police, Chekkanoorani and P.W.1 to P.W.4, his men Head Constables, were on patrol duty, at K.Puliankulam near Prem Filling Station, they heard a noise under the bridge. On hearing such noise, they stopped the vehicle and found that the accused were sitting together under the bridge with Aruval, which was marked as M.O.1., and conspiring to dacoit by waylaying the vehicle and the police party arrested the accused Nos.1 to 3 and the accused Nos.4 and 5 ran away from the place of occurrence and P.W.7 also seized M.O.1, which was in the possession of the first accused and returned to the police station with M.O.1 and the arrested accused persons and registered a case in Crime No.584 of 2006 under Section 399 IPC against the accused persons. Thereafter, PW-7 went to the place of occurrence at about 06.00 A.M., on the same day and prepared an observation mahazar and rough sketch in the presence of PW-5, Ganesan and PW-6, Natarajan. Ex.P2 is the signature of P.W.5 in observation Mahazar and Ex.P.3 is the signature of P.W.6 in observation Mahazar and Ex.P.4 is the printed F.I.R. Ex.P.5 is the observation Mahazar, Ex.P.6 is the rough sketch. Thereafter, the accused were remanded to Judicial custody and P.W.8, the Inspector of Police, Chekkanoorani Police Station, had conducted further investigation and laid charge sheet as against the accused under Sections 399 and 402 IPC.
(3.) Before the Trial Court, P.W1 to P.W.8 were examined on the side of the respondent herein, Ex.P1 to Ex.P6 were marked and M.O.1 was marked as Material Object. None was examined on behalf of the appellants herein nor was any exhibits marked. On questioning under Section 313 Cr.P.C., the accused denied the charges.;