In circumstantial evidence cases, the prosecution must establish a clear connection between the accused and the crime, particularly in murder cases where direct evidence is crucial.

JUDGMENT :

N.SENTHILKUMAR, J.

Challenging the judgment of conviction and sentence passed by the learned IV Additional District and Sessions Judge, Coimbatore dated 09.04.2018 in S.C. No.313 of 2012, the appellants have preferred these appeals. The appellants before this court are A3 and A2 respectively. Originally, a case was registered by the prosecution, more specifically by the Inspector of Police, B-6 Peelamedu Police Station, Coimbatore District in Crime No.1332 of 2011 as against the appellants herein and another person. After investigation was over, the respondent police filed a charge-sheet before the learned Judicial Magistrate No.6, Coimbatore, which was numbered as PRC No.16/2012. As the case is triable by the Court of Session, the same was committed to the Sessions Court and the same was taken on file by the IV Additional District and Sessions Judge as S.C. No.313 of 2012. During the pendency of the trial, the first accused absconded in participating in the trial and therefore, the case as against the first accused was split up and proceeded as against A2 and A3 herein.

2. To prove the case of the prosecution, the prosecution had examined 20 witnesses as PWs.1 to PW20 and marked 37 documents as Exts.P1 to P37 and as many as 33 material objects were produced as MOs.1 to MO.33. On the side of the defence, neither a witness was examined nor a document was produced to prove their case.

3. The brief facts are as follows:

i) All the three accused, who were charged in the FIR, are friends. They wanted to help the second accused, who is the appellant in Crl. A. No.1054 of 2022, in order to settle his hand loan. Hence, all the three accused, decided to commit theft and based on the information given by the second accused, they decided to commit robbery in the office of A2, where he was working as a driver and A2 facilitated the free entry of A1 and A3 to the office premises.

ii) The deceased was employed in the factory where A2 was employed as a driver. The deceased used to leave the company on Friday evening and will return back to his factory on Monday morning at the early hours. On the early hours of 16.08.2011 at about 3.45 a.m, all the three accused, entered the premises of the factory to commit robbery. At that point of time, the deceased intervened and in the course of committing robbery, the accused caused the death of the deceased.

4. The case of the prosecution is that, in order to commit a robbery which was intervened by the deceased, the second accused/appellant in Crl.A. No.1054 of 2002 had caught hold of the deceased from his behind, the third accused/appellant in Crl.A. No.443 of 2019 had stabbed on the neck and the face of the deceased with knife and the first accused had inflicted cut injuries all over the body of the deceased. After committing the murder, the appellants had stolen Maruti Swift car bearing Registration No.TN-37 BC-0909 and had taken away a sum of Rs.14,000/-, which was kept in the factory. For the above said offence, originally, a case was registered under Sections 449 , 392 and 302 r/w 34 IPC .

5. It is a clear case of circumstantial evidence, the prosecution had examined PW1, who is the owner of the company, who had deposed about the missing car and the death of the deceased Sathyamoorthy, who was working as Manager with PW1, by preferring a complaint, which was treated as Ext.P1. PW1 had deposed before the trial court that he had identified the material objects, namely gold ring with nine gem stones, which was marked as MO1, a gold ring with coral stone, which was marked as MO2, a wrist watch, which was marked as MO3 and other material objects, which were seized by the police as MOs.4 to MOs.10.

6. PW2, a relative of PW1 had deposed that when they came to the factory, they have witnessed that the car was stolen and the material objects were also have been missing. Apart from that the deceased was lying in the pool of blood by succumbing to cut injuries and other injuries, all over the body. PW2 h