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(c) P.W.1, the Spinning Master in the Mill, has stated that he used to go to the Mill everyday between 07.00 a.m. and 08.00 a.m. Both the deceased used to be in the Mill Premises until the arrival of P.W.1. P.W.1 was staying in the Mill premises itself. On 07.07.2010, around 8.00 a.m., P.W.1, as usual, came to the Mill and he was in the Mill till 07.00 p.m. Both the deceased came and reported for duty. Then, P.W.1 left for his house. On the next day, that was on 08.07.2010 around 08.30 a.m., as usual, P.W.1 came to the Mill premises. The small gate of the Mill, which would be normally kept under lock and key, was found open. He found the lock of the gate broken. Then, he called both the deceased by name. But, there was no response from inside. Then, he entered into the Mill premises. There, he found both the deceased tied to cot. There were extensive injuries on the bodies of both the deceased. Both were dead. When he inspected the premises, he found that the Copper and Aluminium wires from the Transformers worth Rs.1,50,000/- had been stolen away. He was shocked to see the sorry atmosphere. Then, he immediately went to the Dharmapuri Police Station and made a complaint at 09.00 a.m. on 08.07.2010.

(h) P.W.19 was not able to make any breakthrough. While so, it is alleged that on 16.07.2010 in the investigation. While so, it is alleged that on 16.07.2010, around 5.30 p.m., the accused 2 to 6 appeared before P.W.7 the then Village Administrative Officer of Vellagoundapalayam Village. On such surrender, it is alleged that they gave voluntary confessions. P.W.7 wanted them to give it in writing. It is alleged that the 4th accused gave a written voluntary confession under Ex.P.4. The other accused signed Ex.P.4. P.W.7 then took the accused 2 to 6 to the police station and produced them before P.W.19. P.W.19 arrested them in the presence of the same witnesses. While under custody, the accused 2 to 6 gave voluntary confessions one after the other. In pursuance of the disclosure statement made by the 2nd accused, on 17.07.2010 at 7.00 p.m., he took the police and the witnesses to a Mango Grove and produced a gunny bag containing 30 kgs. of Aluminium and Copper Wires. He also produced a Crowbar, a shirt and a full hand shirt. P.W.19 recovered the same under a Mahazar. In pursuance of the disclosure statement made by the 3rd accused, he took the police and the witnesses to the place of hide out at 07.30 a.m. on 17.07.2010 and produced 54 kgs. of Transformer Aluminium and Copper wires, a crow bar, a shirt, a pant and a polyester shirt. He recovered the same under a Mahazar. In pursuance of the disclosure statement made by the 5th accused, he took the police and the witnesses to the place of hide out and produced 50 Kgs. of Transformer Aluminium and Copper Wires in a gunny bag. He recovered the same under a Mahazar. Then, the 4th accused, in pursuance of the disclosure statement made by him at 08.45 a.m on 17.07.2010 took the police and the witnesses to his house and from a bush near his house, he produced 54 Kgs. of Transformer Aluminium and Copper Wires in a gunny bag. P.W.19 recovered the same under a mahazar. Then, he took all the accused to police station along with the material objects. Then, he forwarded the accused to court and handed over the material objects also to court. He altered the case into one under Section 396 of IPC. Ex.P.38 is the Alteration Report.

8. This is a case based on circumstantial evidence. The first and foremost circumstance is that both the deceased were found alive within the Mill premises on 07.07.2010 around 07.00 p.m. by P.W.1. On the next day, around 8.30 a.m., both the deceased were found lying dead with multiple injuries. The Doctor, who conducted autopsy on the bodies of both the deceased, had found multiple injuries on the bodies of both the deceased and his opinion is that both the deceased had died due to shock and hemorrhage due to multiple injuries. Thus, the prosecution has succeeded in establishing that both the deceased had been done to death sometime between 07.00 p.m. on 07.07.2010 and 08.30 a.m. on 08.07.2010. The prosecution has succeeded in establishing that the death of both the deceased was homicide. As per the evidence of P.W.1, the Aluminium and Copper Wires from the Transformers in the Mill worth Rs.1,50,000/- had been stolen away. P.W.18, the Forensic Expert, who inspected the transformers has also stated so. We do not find any reason to reject the evidence of these two witnesses. From these evidences, the prosecution has further established that the Copper and Aluminium Wires of the transformers worth Rs.1,50,000/- were stolen away. It has also been established by the prosecution that the murder of both the deceased and the robbery of the Copper and Aluminium wires from the Transformers were committed in one and the same occurrence. Therefore, it is inferred that the person, who committed the murders, had committed the robbery also.

11. The next piece of evidence, upon which much reliance has been placed by the prosecution, is the recovery of the Aluminium and Copper wires from the Transformers out of the disclosure statements made by the accused. A total of 200 kgs. of Aluminium and Copper wires were alleged to have been recovered from the accused. The total weight of the wires in each transformer was only 125 Kilograms, that means, the total weight of the wires in two transformers is only 250 Kgs. According to the evidence of P.W.18, only 3/4th wires had been removed and 1/4th remained in the transformers. If that be so, it is not explained to the court as to how from these accused 262 Kgs. of wires were recovered. This anomaly has not been explained by the prosecution.