The failure to establish the identity of the accused through a test identification parade and discrepancies in witness testimonies led to the benefit of doubt in favor of the accused.

M. SATHYANARAYANAN, J.

1. Accused 2 and 4 preferred Criminal Appeal No. 1832 of 2003, A.1 preferred Criminal Appeal (MD) No. 280 of 2004 and A.3 preferred Criminal Appeal (MD) No. 18 of 2006 and vide Judgment dated 24.11.2003 made in S.C. No. 297 of 2002, all the four accused stood charged, tried and convicted as follows, by the trial Court:-      

The trial Court has directed the sentences to run concurrently and aggrieved by the said conviction and sentence passed by the trial Court, all the accused have preferred these appeals.

2. The facts leading to the filing of these Criminal Appeals are stated as follows:

2.1. P.W.1 namely Sridharan, Grade-I Constable, attached to D1 South Gate Police Station, Madurai City, alongwith his brother-in-law namely Jegadeesan (P.W.2) proceeded to Thirunagar as his father died and after attending the death ceremony, both of them stayed there and were returning on the early morning hours on 17.12.1998. Both of them were proceeding in Bajaj M-80 two wheeler bearing Registration No. TDA 6780 (M.O.2) and when they were coming via Thirupparangundram-Avaniyapuram Road at about 05.00 a.m. they were waylaid by four persons, armed with knives and they threatened them and took them to a rock nearby. The accused took away a sum of Rs. 100/- found on the pocket of P.W.1, his wrist watch and removed his dhoti and tore into two pieces and tied P.W.1 as well as P.W.2. Again, they proceeded and waylaid two persons, who were coming in Bajaj M-80 two wheeler (P.W.6 and P.W.8) and tracked them to the place, in which P.W.1 and P.W.2 were kept. One of them, namely, Premkumar (P.W.8) resisted and he was attacked with a knife on his head and they took away a sum of Rs. 360/- from him and all of them left the two wheeler belongs to P.W.1. At that time, P.Ws.1 and 2 managed to untie the knot and took the two wheeler of P.W.8 and they were also guided by a person. Both P.Ws.1 and 2 proceeded to Avaniyapuram Police Station and lodged a complaint.

2.2. P.W.9 was a Sub Inspector of Police attached to Avaniyapuram Police Station and on receipt of the complaint marked as Ex.P.1, registered a case in Crime No. 535 of 1998 under Section 394 I.P.C. at about 08.00 hours on 17.12.1998. The printed FIR is marked as Ex.P.9.

2.3. Mr. Sundaresan, Inspector of Police, attached to Avaniyapuram Police Station took up the investigation and thereafter it was continued by P.W.10. P.W.10 found that Sundaresan has proceeded to the scene of crime on 17.12.1998 and preferred a Rough Sketch marked as Ex.P.10 and also recovered dhoti, marked as M.O.5, under a cover of mahazer. Since the predecessor of P.W.10 was placed under suspension and that his whereabouts having been not known, the investigation was conducted by P.W.10.

2.4. P.W.10 on 23.12.1998 at about 05.00 a.m., near State Transport Depot at Palanganatham, effected the arrest of A.1 and A.2. A.1 and A.2 voluntarily came forward to give confession statements. As per the admissible portion of confession statement of first accused, marked as Ex.P.4, M.O.2, two wheeler, M.O.3 series, knives as well as watch of P.W.2 were recovered under a cover of mahazer, Ex.P.5. On the same day, at about 09.00 a.m., P.W.10 effected the arrest of A.3 and A.4 and A.4 voluntarily came forward to give a confession statement. As per the admissible portion of confession statement of A.4, marked as Ex.P.6, a knife, an HMT watch, another kni