(These criminal appeals are preferred under Sec.374 of the Code of Criminal Procedure against the conviction and sentence passed by the learned First Additional Sessions Judge, Chennai in S.C.No.318 of 2001 dated 24.06.2003.)

P. Sathasivam, J.

One Umapathy, accused No.3 in Sessions Case No.318 of 2001 on the file of First Additional Sessions Judge, Chennai, who suffered the sentence of life imprisonment, has filed Criminal Appeal No.1057 of 2003. The second accused, viz., Kumar @ Kalyan Kumar and the first accused, viz., Udyakumar in the same Sessions Case questioning their conviction and sentence to undergo life imprisonment under Section 397 r/w 395 IPC, have filed Criminal Appeal Nos.1515 and 1272 of 2003 respectively.

2. The case of the prosecution is briefly stated hereunder:

(a) PW.1 Renuka Devi is working as a Security in Testiny Company at Villivakkam. PW.2 is the Manager and PW.3 is a staff of the above said Company. On 7.01.1998, PW.2 Sampath, went to Canara Bank at 9.15 a.m. to encash a cheque and at about 11.00 a.m. while he was returning along with PW.3 with a cash of Rs.2 lakhs, two persons threatened PW.2 Sampath, to handover the cash. PW.2 was beaten by the said persons with stick. Other two persons, armed with knife, came in a motor cycle and cut PW.2 on his right hand upper part. PW.3 Dilli Babu rushed to the Company and brought some people from the Company. On seeing the people, accused persons ran away from the scene of occurrence.

(b) PW.2 was taken to Hospital for treatment. PW.1 went to the Police Station and lodged a complaint, which is marked as Ex.P1. Among four persons, who are involved in the offence, three of them fell into a nearby oil tank and one person escaped in the motor cycle in a different direction. Two persons came out of the tank after some time and the second accused is one among the two persons. Those two persons were found in possession of Rs.1,05,000/-, which was handed over to the police.

(c) Third person was found dead in the tank and a cash of Rs.50,000/- was recovered from his underwear. The bag in which the cash was found is MO.1 and MO.2 and MO.3 series are the cash of Rs.1,05,000/- and Rs.50,000/-. MO.4 is the Motorcycle used by the accused in the scene of occurrence. PW.1 identified the 2nd accused during the identification parade.

(d) PW.3 and PW.4 were also examined and they corroborated the evidence of Pws.1 and 2. PW.5 is working as Head Constable at Choolaimedu Police Station. On 07.01.1998, while he was working as Gr.I constable at I.C.F. Police station, at about 12.00 noon, 4 persons came in a two wheeler and two auto-rickshaws came behind the two wheeler and they shouted “Catch the thief”. On hearing this, PW.5 stopped the two wheeler and the persons who came in the two wheeler threatened to stab PW.5 with knife and leaving the two wheeler, three of them ran towards north another person ran towards south. Later, 3 persons jumped into a tank and two of them were taken out of the tank and those persons are 1st and 2nd accused. PW.6, saw a person with injuries.

(e) On 07.01.1998 evening, the police visited the place of occurrence and prepared Observation Mahazar Ex.P2 and the signature of PW.6 in the mahazar is marked as Ex.P3. PW.7 is the Cashier of Canara Bank, who deposed that PW.2 encashed a cheque and received two lakhs rupees from him. Police and the public caught two persons from the tank. PW.9 deposed that ICF police prepared a mahazar near the Tank and the dead body was recovered from the tank. Rs.50,000/-, one gold chain, one five rupee coin, one rupee coin in one number and one thulasi malai were recovered under mahazar Ex.P4.

(f) PW.10 identified the 3rd accused and deposed that A.3 was working in his company and the 3rd accused is the root-cause for the incident and the statements of accused are marked as Exs.P.7 to P.9. The recovery is said to have been effected from the accused under Form-95.

(g) PW.11 Dr. Basheer Ahamed examined PW.2 Sampath and found t