ORDER :

(The case has been heard through video conference)

1. The Criminal Revision has been filed by the Petitioner/Accused to set aside the conviction and sentence made in Criminal Appeal No.7 of 2009 dated 06.03.2014 on the file of the Sessions Judge, Thiruvannamalai in confirming the judgment made in S.C.No.27 of 2007 dated 29.07.2009 on the file of the Additional Assistant Sessions Court, Thiruvannamalai, Thiruvannamalai District.

2. The case of the prosecution in brief:

P.W.1 viz. Md.Kasim was residing at Saidapet Village, Chengam Taluk and was engaged in Agricultural work. He was earlier working in Saudi Arabia and had returned to India and that on 16.02.2005 when he was sleeping in his house at about 1.00 a.m. three persons armed with wooden logs had trespassed into his house by breaking the lock of the front grill gate and snatched the fUfkdp jhyp from the neck of his wife P.W.2 viz. Hajemonisha and when she had raised alarm, P.W.1 woke up from the sleep and had seen the occurrence and attempted to prevent the same. At that time, the 1st accused viz. Arunachalam, the Revision petitioner herein attacked him by hitting him with wooden log (Uruttukattai) on his head, due to the assault, P.W.1 sustained grievous injuries on his head, forehead and mouth and he had also lost two of his teeth. The 1st accused then started to attack P.W.2 using the same wooden log on her back and the accused had snatched two gold rings, one CISCO Watch, Quartz Wall Clock and also removed Rs.2,000/- from the pocket of the P.W.1 and ran away with the stolen gold jewels, cash and other articles. When P.W.1 raised alarm, one Basheer, Askar Ali, Babajan viz. P.W.3 came to their house and took P.W.1 and P.W.2 to the hospital and when the victims were in the hospital, they gave a complaint before the respondent police, which has been marked as Ex.P1.

3. Based on the complaint, one R.K.Chellapandian viz. P.W.9 registered a case in C.C.No.90 of 2005, which has been marked as Ex.P2. Thereafter, P.W.10 viz. Rajkumar, the then Inspector of Police, took up the case for investigation and visited the place of occurrence viz. the house of P.W.1 and prepared observation mahazar viz. Ex.P5, in the presence of witnesses viz. Ravanan & Masjid and seized the broken lock (M.O.1), blood stained bed cover (M.O.2), broken teeth (M.O.3) and other material objects. Thereafter, he examined P.W.1 and P.W.2, the victims herein and the witnesses Ansar Ali, Bhasheer, Sheik Basha, Syed Babu, Kathija, Mariyan, Ravanan, Syed Masjid and their statements were recorded. Further, during the course of investigation, on suspicion, he arrested the 1st accused on 12.04.2005 and examined him, recorded his voluntary confession statement in the presence of witnesses viz. Devaraj and Thansilal and based on the confession, thali and accessories (10 black beads and 10 gold gundu) M.O.4 were recovered under the observation mahazar Ex.P4 and thereafter he prepared Rough Sketch, which has been marked as Ex.P13 and on the same day at 10.30 a.m. he had collected the blood stained bed sheet and 10 other material objects, which has been marked as Ex.P5. Thereafter, he proceeded to Thanipadi Government Hospital and recorded Ex.P1 and Ex.P2 and thereafter he recorded statements from the witnesses. On 12.04.2005 at 6.00 a.m., he arrested the 1st accused on suspicion and during enquiry, he had confessed about the commission of offence and gave a confession statement. The confession was recorded in the presence of the witnesses on the same day at 7.30 a.m. The admitted portion of the confession statement has been marked as Ex.P6, during that time, Muslim chain and thali with 10 black beads weighing two sovereigns were recovered under recovery mahazar viz. Ex.P7. Thereafter, the Inspector brought the accused to the police station and after completing formalities, sent the accused to the Court for remand along with the recovered items. On 07.06.2005, the respondent police arrested the 2nd accused at 9.00 a.m.