The judgment underscores the significance of substantive evidence, the procedure for proving statements recorded under Section 164 Cr.P.C., and the need for corroborative evidence to support witness testimonies.

P.N. Prakash, J.

1. The accused 1 and 2 who were tried and convicted for the offence under Sections 341, 302, 394 r/w 34 IPC by the Additional District & Sessions Court- cum-Fast Track Court No.1, Salem in S.C.No.215/2008 on 28.03.2012, are the appellants before us.

2. It is the case of the prosecution that on 20.03.2008 at around 4.00 p.m. when Dhanakodi [deceased] was returning from his sister Mallika's [P.W.1] house, he was wrongfully restrained by the appellants and A1 attacked him with a cricket stump on his head and both the appellants took away his motor cycle TVS Max 100 and went away.

(a) According to the prosecution, this incident was witnessed by Sundaramurthy [P.W.3] and Thangam [P.W.4] and that they chased the accused in their motor cycle upto a certain distance. Thereafter, they both returned to the place of occurrence and when they made enquiries with the local people, they were told that the injured person was carried away to the hospital by his relatives. They went back to their house. Selvam [P.W.2], a passer by, found a crowd at the place of occurrence and when he made enquiries, he learnt that the injured person was one Dhanakodi. He volunteered to elicit information from Dhanakodi about his residence and contacted Dhanakodi's sister, Mallika [P.W.1], who came to the place of occurrence soon. Thereafter, Mallika [P.W.1] and Selvam [P.W.2] took Dhanakodi in an omnivan to Naveen Nursing Home where Dr.Nandini [P.W.11] gave first aid around 5.00 p.m. Dhanakodi was conscious at that time. When P.W.11 found that he had serious head injuries, she referred him to the Salem Government Hospital, for further treatment. Dhanakodi was taken by Mallika [P.W.1] and Selvam [P.W.2] to Sri Gokulam Hospital, Salem, where Dr.Sreedhar [P.W.14] admitted Dhanakodi and gave him treatment. The copy of the Accident Register of Sri Gokulam Hospital was marked as Ex.P.23. Dhanakodi was found to be unconscious and it is stated in the Accident Report [Ex.P23] that, he was brought by Selvam [P.W.2]. It is further stated in Ex.P23 that, "patient is alleged to have sustained head injuries due to RTA [Road Traffic Accident] while he was riding a two wheeler hit by another two wheeler opposite SISCOL, Nangavalli Road, Mecheri on 20.03.2008 at around 3.30 p.m." He was admitted in Sri Gokulam Hospital on 20.03.2008 at 6.40 p.m. Intimation was sent by Sri Gokulam Hospital to the jurisdictional police on 21.03.2008 at around 11.15 a.m.

(b) Thereupon, Arjunan, Sub Inspector of Police [P.W.13] went to Sri Gokulam Hospital at around 12.15 noon and recorded the statement of Mallika [P.W.1], which is the complaint [Ex.P21] in this case. Ex.P21 contains the motor cycle make number and colour. He obtained that complaint and registered a case in Mecheri Police Station Cr.No.169/2008 for offence under Section 307 IPC r/w 394 IPC on 21.03.2008 at 2.30 p.m. The printed copy of the FIR is Ex.P22. From the endorsement made by the learned Magistrate it is evident that the complaint and the FIR reached the Magistrate at 6.45 p.m. on 21.03.2008. Investigation was taken over by Muniappan [P.W.16] Inspector of Police, who went to the place of occurrence and in the presence of witnesses Sundaramurthy and Sudhakar, he prepared the Observation Mahazar and Rough Sketch [Ex.P27]. The observation Mahazar was not marked in the Court. The Inspector of Police [P.W.16] further examined other witnesses and on 22.03.2008 at around 7.00 a.m. he apprehended both the accused while he was doing vehicle check near the railway gate. According to the prosecution, the appellants were coming by the TVS MAXI vehicle bearing Registration No.TN 34B 9844. The Inspector of Police, [P.W.16] examined the accused in the presence of one Selvaraj [P.W.5] and recorded his confession statement. Thereupon, he seized the motor cycle [M.O.2] and a coca cola water bottled [M.O17] under the cover of Mahazar [Ex.P2] in the presence of Selvaraj [P.W.5]. Based on the disclosure statement of the acc