The judgment emphasizes the need for complete and consistent evidence in cases based on circumstantial evidence, highlighting the importance of timely submission of witness statements and the requirement for evidence to firmly establish guilt beyond a reasonable doubt.

1. This Criminal Appeal is preferred by the First Accused challenging the conviction and sentence passed in the judgment dated 11.11.2010, made in S.C.No.18 of 2010 on the file of the Court of Special Court for trial of Bomb Blast Cases, Coimbatore.

2. The Appellant / First Accused was charged and convicted as follows:

Under Section 449 of IPC .. R.I. for life and fine of Rs.10,000/- with default sentence of 6 months, R.I.

Under Section 302 of IPC.. R.I. for life and fine of Rs.15,000/- with default sentence of 9 months, R.I.

Under Section 380 of IPC.. R.I. for 5 years and fine of Rs.5,000/- with default sentence of 3 months, R.I.

The sentences are ordered to run concurrently. Set off under Section 428 of Cr.P.C. was also ordered.

3. The facts leading to the filing of this Appeal are as follows:

On 17.8.2009 at about 6.30 p.m., the Accused namely Ramesh (Appellant/A1) and Ganesh (A2) on coming to know that Tmt.Kamalam, mother of P.W.1-Senthilvel was in the house alone, hatched a plan to murder her and steal the articles. Accordingly, both the Accused entered into the house of Kamalam with Clutch Cable Wire (M.O.27) and when Kamalam was lying in the bedroom, A2 strangled her with M.O.27 Clutch Cable Wire, A1 smothered her face with a pillow and consequently, she died of homicidal violence. Thereafter, they opened the bureau and A1 stolen two Titan Watches (M.O.3 and 4), A2-Stolen Nokia Cell Phone (M.O.5) and both the Accused also removed the Ear-Stud (M.O.1) and also Golden Bangle – M.O.2. A2 also took two hundies which contained cash and both the Accused stolen articles worth about Rs.25,000/- and thereby committed the above said offence.

4. P.W.1-Senthilvel, is the son of deceased Kamalam, P.W.2 is the daughter of deceased Kamalam, P.W.1’s elder son namely Arjun Karthik were staying in the Housing Board Tenements at Gandhipuram along with the deceased and the younger son of P.W.1 is an hosteller. The wife of P.W.1 at that time, was employed in Jamaica.

5. P.W.2 after returning from the work, went to the house of P.W.1 and she found it was bolted from outside. When she opened the door and went inside, she found that lights were switched on and T.V. was also switched on. She called her mother and went inside the Kitchen and she was not there, and hence she went to the bedroom. In the bedroom, she found that her mother was lying and when she called her, there was no response. P.W.2 also found the bureau was opened and she got panic. By raising alarm, she came outside and immediately contacted P.W.1 through Phone.

6. P.W.1 was employed as a driver in Karthik Travels and after attending the duty, he was returning home and at that time, he got the information. P.W.1 went to the office and after informing his superior, returned to his home and found that his mother was dead. P.W.1 also found the bureau was opened and cloths were straying around and he found that ear-stud worn by his mother (deceased) was removed and so also the gold bangle worn by her. P.W.1 also found that his and his wife’s watch were missing and also Nokia Cell phone and two hundies. P.W.1 was advised to lodge a Police Complaint and he dictated the Complaint to some person standing nearby. The Complaint was also signed by P.W.2 and he took the same to B4-Race Course Road Police Station, Coimbatore City.

7. P.W.13 is the Sub-Inspector of Police (Crimes) attached to the said Police Station and she received the Complaint at about 22.30 hours on 17.8.2009 from P.W.1 and registered a case in Crime No.1480/2009 under Sections 302 and 380 of IPC. Printed FIR was marked as Ex.P12. P.W.13 despatched the Complaint-Ex.P1 and FIR-Ex.P12 to the Court of Judicial Magistrate No.III, Coimbatore and also copies of the same to his superior officials.

8. P.W.17-Inspector of Police received a wireless message at about 23.00 hours on 17.8.2009 with regard to the commission of the above said offence and took up the investigation. P.W.17 proceeded to the scene of occurrence and by th