IMPORTANT POINT
Offence of murder committed during dacoity is serious, particularly when dacoits are armed.

JUDGMENT

R. BANUMATHI, J.

These appeals arise out of the common judgment passed by the High Court of Madras in Criminal Appeal Nos. 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 conviction under Section 396 IPC.

2. 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 common intention to commit robbery in a Pawn Broking shop under the name of Peri owned by PW-1 Muthaiyah. In the course of committing 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 constricted his neck and tied the jute rope around the neck of Muthukrishnan and strangled him to death. Other accused robbed jewellery about 4.788 kg. of gold and 5.595 kg. of silver total worth about Rs.12,00,000/-. 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. PW-1 lodged the complaint in Mandharakuppam Police Station, based on which, police had registered a case in Crime No.257 of 2002 under Sections 457, 380 and 302 IPC. PW-37-SHO had taken up the investigation. On 06.02.2003 at about 11.00 p.m. Raja Mohammad (A3) was arrested near Panrutti bus stand and his confession 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). 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.P21. 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.P23. 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.

3. Accused Raja Mohammad took the police and PW-15 to Alichakudi village and on being identified by him, Babu @ Nawab Sahib (A4) was arrested. Based on the confession statement of accused Babu @ Nawab Sahib, seventeen items of jewels were recovered from the house of his mother's sister under Ex.P28. Based on the confession 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.

4. 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. Based on the confession statements of accused Basheer and Shajahan, jewels kept in the cover on the petrol tank of the said TVS-50 vehicle, were recovered by the police. 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 confession statement led to recovery of golden jewels from a jewellery shop at Chidambaram. Confession statement of accused Balu @ Balasubramanian further led to recovery of gold jewels from his house (Ex.P33). On completion of investigation, chargesheet was filed against the accused under Sections 457, 395, 396 and 302 read with 34 IPC.

5. In the trial court, 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. Upon considerat