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(The case has been heard through video conference) 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.

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. https://www.mhc.tn.gov.in/judis/ 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 https://www.mhc.tn.gov.in/judis/ 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. near Thanipadi bus stand. The 2 nd accused confessed to the offence and gave a confession statement in the presence of witnesses and the admitted portion of the confession statement has been marked as Ex.P8 and based on the confession, one gold ring has been recovered under recovery mahazar and the same was marked as Ex.P15. After completion of the formalities, the 2nd accused was produced before the Court on 13.06.2005 and the Investigating Officer also had given a request to the learned Chief Judicial Magistrate, Tiruvannamalai to conduct test identification parade and the said request has been marked as Ex.P16 and thereafter the test identification parade was conducted by the learned Judicial Magistrate No.2, Thiruvannamalai at Vellore Central Prison and after completion of the test identification parade, the report was sent to the learned Chief Judicial Magistrate, Thiruvannamalai. Thereafter, he had examined the Doctor viz. P.W.4, who treated the victims viz. P.W.1 and https://www.mhc.tn.gov.in/judis/ P.W.2 and obtained their statements and thereafter obtained the opinion of the Additional Public Prosecutor and filed the final report against the accused for the offence u/s.394 r/w 397 IPC and filled in Form-95, along with the material objects were sent to the Court, which have been marked as Ex.P17 to Ex.P19. Thereafter, the case was taken up in P.R.C.No.14 of 2005 and summons were issued to the accused and on their appearance, copies were furnished under Section 207 Cr.P.C.

https://www.mhc.tn.gov.in/judis/

23.In the result, the Criminal Revision is allowed. The conviction and sentence made in C.A.No.7 of 2009 dated 06.03.2014 on the file of the Sessions Judge, Thiruvannamalai, confirming the Judgment of conviction and sentence vide order dated 29.07.2009 in S.C.No.27 of 2007, passed by the Additional Assistant Sessions Court, Thiruvannamalai, Thiruvannamalai District are set aside. The Revision petitioner is acquitted from the charges framed against him. The fine amount paid by the petitioner if any is to be refunded to him. The bail bonds stand cancelled. Registry shall return the records to the respective Courts. Consequently the connected miscellaneous petition is closed.

2.The Additional Assistant Sessions Court Thiruvannamalai Thiruvannamalai District
3.Inspector of Police Thanipadi Police Station Thiruvannamalai District
4. The Public Prosecutor, High Court of Madras, Chennai 600 104.

and 23.03.2021 https://www.mhc.tn.gov.in/judis/