Bail ship The 9th Appeallant/Accused No.13 namely Swamikannu @ samy in SC 87 of 2003 on the file of the Additional District and Sessions Judge, Chennai, was directed to be released on bail in and by the order of this court dated 4.12.2006 made in Crl.M.NO.4507 of 2006 in C.A.No.698 of 2004 on the filed of the High Court, Madras. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 06.10.2007 CORAM THE HONOURABLE MR.JUSTICE D.MURUGESAN AND THE HONOURABLE MR.JUSTICE K.N.BASHA Criminal Appeal Nos.698, 716 and 781 of 2004 and Criminal Appeal No.685 of 2005 Crl.A.No.698 of 2004: 1.Manickam @ Poonga Manickam 2.Somasundaram @ Somu 3.Balamurugan @ Bala 4.Sankar Ganesh @ Sankar 5.Iruthayaraj @ Iruthi 6.Anbu @ Jaibeem Anbu 7.Leela Sankar @ Sankar 8.Sampath. 9.Samikannau @ Sami 10.Ramesh @ Suri Ramesh 11.Bomb Selvam @ Selvam 12.Jagadeesan @ Jagan 13.Sekar @ Gunasekar @ Guna ..Appellants/Accused A3 to A8 A.10 and A.11 and A.13 to A.17 Versus State rep. by The Deputy Commissioner of Police CBCID Metro Wing, Chennai Respondent/Complainant Crl.A.No.716 of 2004: Hariharan @ Hari Appellant/Accused 2 Versus https://hcservices.ecourts.gov.in/hcservices/ State rep. by The Deputy Commissioner of Police CBCID Metro Wing, Chennai. Respondent/Complainant Crl.A.No.781 of 2004 Udayakumar Appellant/Accused 9 Versus State rep. by The Deputy Commissioner of Police CBCID Metro Wing, Chennai. Respondent/complainant Crl.A.No.685 of 2005 State rep.by The Deputy Commissioner of Police CBCID Metro Wing, Chennai Appellant/Complainant Versus 1.Manickam @ Poonga Manickam 2.Somasundaram @ Somu 3.Balamurugan @ Bala 4.Sankar Ganesh @ Sankar 5.Iruthayaraj @ Iruthi 6.Anbu @ Jaibeem Anbu 7.Udayakumar 8.Leela Sankar @ Sankar 9.Sampath 10.H.Ramitta @ Romitla Mary 11.Samikannau @ Sami 12.Ramesh @ Suri Ramesh 13.Bomb Selvam @ Selvam 14.Jagadeesan @ Jagan 15.Sekar @ Gunasekar @ Guna 16.Ganesan @ Naraimudi Ganesan ..Respondents/ Accused A.3 to A.18. Crl.A.Nos.698, 716 and 781 of 2005: Criminal Appeals filed against the conviction and sentence imposed on the appellants dated 19.04.2004 made in S.C.No.87 of 2003, on the file of the Fast Track Court No.I, Chennai. Crl.A.No.685 of 2005: Criminal appeal filed against the acquittal of A.12 and A.18 dated 19.04.2004 made in S.C.No.87 of 2003, on the file of the Fast Track Court No.I, Chennai. https://hcservices.ecourts.gov.in/hcservices/ For Appellants : Mr.A.Padmanabhan for A.3 and A.5 to A.7 in Crl.A.Nos.698 716 and 781/2004 Mr.R.John Sathyan for A.4 and A.15. Mr.B.Sriramulu, Senior Counsel for Mr.K.Selvakumaraswami and A.G.Ramesh for A.10, A.11 and A.14. Mr.R.Sankarasubbu for Mr.P.Vijendran for A.8 Mr.B.Mohan for Mr.N.Manokaran for A.13, A.16 and A.17 Mr.K.Ashokan Senior Counsel for Mr.G.Ravikumar for A.2 Mr.S.Ashok Kumar Senior Counsel for Mr.A.N.Thambidurai for A.9 Respondents : Mr.C.T.Selvam Additional Public Prosecutor assisted by Mr.R.Muniapparaj Government Advocate(Crl. Side) for State in all cases Appellants in Crl.A.No.685/2005 : Mr.C.T.Selvam Additional Public Prosecutor For Respondents in Crl.A.No.685/2005 : Mr.A.Padmanabhan for R1 and R3 to R5 Mr.R.JohnSathyan for R.2 Mr.Mr.R.Sankarasubbu for Mr.P.Vijendran for R.6 Mr.S.Ashok Kumar for Mr.A.N.Thambidurai for R.7 Mr.B.Sriramulu Senior Counsel for Mr K.Selvakumaraswami for R.8, R.9 and R.12. Mr.B.Mohan for Mr.N.Manokaran for R.11, R.14 and R.15. Mr.T.K.Sampath for M/s.T.K.Sampath Associsates for R13 https://hcservices.ecourts.gov.in/hcservices/ Mr.N.Duraisamy for R.16 Mr.M.V.Muralidaran and E.M.K.Yashwanth Rao for R.10. COMMON JUDGMENT D. MURUGESAN., J. All the above appeals arise out of the common Judgment dated 19.04.2004 made in S.C.No.87 of 2003, on the file of the learned Additional District and Sessions Judge, (Fast Track Court -I), Chennai. 2. Before the trial Court 18 accused were tried and the learned trial Judge acquitted A.12 and A.18 under Section 235(1) Cr.P.C and convicted the rest of the accused. As against the acquittal of A.12 and A.18, the State has preferred Criminal Appeal No.685 of 2005. 3. The conviction and sentence in respect of all other accused are as follows: CHARGES 120 -B IPC 365 IPC * 365 r/w 109 IPC 387 IPC 302 IPC *302 r/w109 IPC 347 IPC *347 r/w109 IPC 364 IPC *364 r/w 109 IPC 201 IPC Accus ed Convicti on fine amount Convictio n fine amount / in default imprisonm ent Convicti on fine amount / in default imprison ment Convictio n fine amount / in default imprisonm ent Convicti on fine amount / in default imprison ment Convicti on fine amount / in default imprison ment Convictio n fine amount / in default imprisonm ent Senth il Kumar A-1 Life Sentence Rs.50,00 0 *7 years R.I. Rs.5,000/ 1 year R.I 7 years R.I. Rs.5,000 1 Year R.I. *Life Sentence Rs.50000 1 year R.I *3 years R.I Rs.5000 6 months R.I *10 years R.I Rs.5,000 2 years R.I -- Harih aran A-2 Life Sentence *7 years R.I Rs.5000 1 year R.I. 7 years R.I Rs.5000 1 year R.I. *Life Sentence Rs.50000 1 year R.I * 3 years R.I Rs.5000 6 months R.I *10 Years R.I Rs.5000 2 years R.I. -- https://hcservices.ecourts.gov.in/hcservices/ 120 -B IPC 365 IPC * 365 r/w 109 IPC 387 IPC 302 IPC *302 r/w109 IPC 347 IPC *347 r/w109 IPC 364 IPC *364 r/w 109 IPC 201 IPC Poong a Nagar Manic kam A-3 Acq. U/s 235 (I) Cr.P.C *7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 Years R.I 2 years R.I 7 years R.I Rs.10000 1 year R.I Soma sunda ram A-4 Acq. U/s 235 (I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I -- Bala murug an A-5 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I *Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Shank ar Ganes h A-6 Acq.u/s 235(I) Cr.P.C *7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I. Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Irudh ayara j A-7 Acq. U/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Jaibe am Anbu A-8 Acq. U/s 235(I) Cr.P.C * 7 years R.I Rs.5000 1 year R.I. 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I https://hcservices.ecourts.gov.in/hcservices/ 120 -B IPC 365 IPC * 365 r/w 109 IPC 387 IPC 302 IPC *302 r/w109 IPC 347 IPC *347 r/w109 IPC 364 IPC *364 r/w 109 IPC 201 IPC Udhay am kumar A-9 Acq.u/s 235(I) Cr.P.C *7 years R.I Rs.5000 1year R.i 7 years R.I Rs.5000 1 year R.i *Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I -- Leela Shank ar A-10 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 y r R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Sampa th A-11 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Romit ta Mary A-12 Acquitte d under Section 235(I) Cr.P.C -- -- -- -- -- -- Swami kannu A- 13 Acq.u/s 235(I) Cr.P.C *7 years R.I Rs.5000 1 year R.I -- *Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.i 7 years R.I Rs.10000 1 year R. Sori Rames h A-14 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I. https://hcservices.ecourts.gov.in/hcservices/ 120 -B IPC 365 IPC * 365 r/w 109 IPC 387 IPC 302 IPC *302 r/w109 IPC 347 IPC *347 r/w109 IPC 364 IPC *364 r/w 109 IPC 201 IPC Bomb Selva m A-15 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.i 7 years R.I Rs.10000 1 year R.I Jagad eesan A-16 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Gunas ekar A-17 Acq.u/s 235(I) Cr.P.C 7 years R.I Rs.5000 1 year R.I 7 years R.I Rs.5000 1 year R.I Life Sentence Rs.50000 1 year R.I 3 years R.I Rs.5000 6 months R.I 10 years R.I Rs.5000 2 years R.I 7 years R.I Rs.10000 1 year R.I Narai mudi Ganes an A-18 Acquitte d under Section 235(I) Cr.P.C 4. The brief facts of the prosecution case as putforth before the trial Court through witnesses and Exhibits are as follows: (a) One Thiru M.K.Balan, a former Member of Legislative Assembly elected from Saidapet constituency, went for his routine morning walking at about 5.30a.m on 30.12.2001 towards MRC Nagar, via Karpagam Avenue, Adyar. He was wearing a black pant and a light brown T-Shirt. He was also wearing a pair of black Reebok Shoes. He used to return home after the morning walk within two hours. On the above date, as he did not return home, his son by name B.Manimaran, P.W.1 went to E-5, Pattinapakkam Police Station and gave the complaint under Ex.P.1 at 11.00a.m., which was registered by the Sub Inspector of Police in Crime No.986 of 2001 for "Man missing". The investigation was taken over by P.W.66, the Inspector of Police and he registered First Information Report under Ex.85. The investigating Officer send a message to the Control Room, Chennai and thereafter he enquired P.W.1, the son of M.K.Balan and one Christopher P.W.9 and recorded their statements. He made arrangements to send the photograph of the said M.K.Balan to other Police Stations and also publish the same in Newspaper. On 31.12.2001, he recorded the statement of P.W.28 https://hcservices.ecourts.gov.in/hcservices/ and examined P.W.3 and P.W.4. He recorded the statement P.W.4 on 05.01.2002, statement of P.W.2 on 06.01.2002 and the statement of P.W.27 on 10.01.2002. As the case was transferred to CBCID Police, Chennai, he handed over the case diary to CBCID on 12.01.2002, and thereafter, the Deputy Superintendent of Police, CBCID, P.W.67 took up the investigation and examined P.W.1. On 13.01.2002, he examined P.W.14, and again on 15.01.2002, he examined P.Ws.1 to 4 and P.W.67 and recorded their statements. On 16.01.2002, he examined P.W.13 and 13 other persons. On 18.01.2002, he examined P.W.9 and two others. On 21.01.2002, he examined P.W.6 and on the same day, he send information to the P.W.67, Superintendent of Police, Crime Records Parol, to identify the unidentified male dead body and photographs. On 22.01.2002, he examined P.W.28 and ten others. On 21.01.2002, he examined P.W.8 and six others. On 31.01.2002, he examined P.W.5 and four others. On 05.02.2002, he obtained further statement from P.W.4. (b). On 21.02.2002, the Investigating Officer came to know the involvement of A-5 in the offence though an informant and a team was formed to follow A-5. On 18.03.2002 at about 5.30a.m, P.W.67 arrested A.5 and recorded the confession statement under Ex.P.43 attested by P.W.44. A.5 took P.W.67 and identified TPK Food Products company at Mudichur, where he prepared observation mahazors Exs.P.44 and 46 and drew a rough sketch Ex.P.45. He examined P.Ws.31 and 34 and thereafter, he went to the house of P.W.10 and made recoveries as per the admissible portion of the statement of A.5 under Exs.P.41 to 49 attested by P.W.30. Thereafter, A.5 took him to the cremation ground at Perambur where P.W.67 prepared observation mahazar Ex.P.47 and drew a rough sketch Ex.48. He also recorded the statement of P.W.12 and P.W.19, two vettians, who identified M.O.14, the photograph of M.K.Balan. He prepared an identification mahazar under Ex.P.46 in the presence of P.W.44. Thereafter, he examined one Kannan, Office Assistant of the Corporation of Chennai and recovered Ex.P.29, the death report relating to one Rajamani Chettiar, son of Chindamani Chettiar aged about 61 years, Ex.P.30, the death register, Ex.P.31 the counter foil and Ex.P.32, the despatch note book. On the same day, he recorded the statement of P.W.12 and P.W.19, the vettians and P.W.36, the office assistant of the Corporation of Chennai and recorded their statements. (c). On the basis of the statement of A-5, the Investigating Officer altered the FIR, Ex.P.86 into one under Section 120(B) read with Sections 364, 365, 302 and 201 of IPC. (d). On 19.03.2002, the Investigating Officer again visited the cremation ground along with forensic experts and recovered jaw bone, one tooth and Ash in the presence of P.W.12 and yet another witness by name Rajarajan. On 19.03.2002 at about 11.30p.m, he arrested A-6 near Perambur bus stand. He recorded the admissible portion of the confession statement from A-6 under Ex.P.16 on 20.03.2002 in the presence of P.W.24 and one another witness and seized one Maruthi Omni Van M.O.18 under a mahazar Ex.P.17 and recorded the statement of one John Kennedy P.W.37. On the same day, at about 12.30p.m, he arrested A-7 at Mulakothalam bus stand and recorded his confession statement Ex.P.38 and on the basis of the admissible portion of the confession statement, he recovered the iron cot https://hcservices.ecourts.gov.in/hcservices/ M.O.11 in the presence of P.W.17 under Ex.P.7. On 22.03.2002, he arrested A-8 and recovered Exs.P.27, 28 and P.52 from P.W.45. On 23.02.2002 at about 5.30a.m., he arrested A.1 and A.2 and recorded the confession statement of A.1 under Ex.P.14 and recovered M.Os.21 to 26 series under mahazar Ex.P.15. On 25.03.2002, at about 8.15a.m he arrested A.3 and recorded his confession statement Ex.P.20 and on the basis of the admissible portion of the evidence, he recovered M.O.12, Maruthi Zen Car under a mahazar Ex.P.6 on the same day. He examined P.Ws.32, Lusker in the Corporation of Chennai and P.W.33, Proprietor of DKP Food Products, Mudichur. On 30.03.2002, at about 7.45 a.m, he arrested A.9 and recorded his confession statement under Ex.P.37 in the presence of P.W.41 on the basis of the admissible portion of the confession statement, he recovered M.O.7, Maruthi Van TN-22-B-8853 from P.W.18 in the presence of P.W.25. He took police custody of A.1 and A.3 as per the orders of the Magistrate on 01.04.2002 for a period of ten days and examined both of them. On 03.04.2002, A.13 surrendered before the V-Metropolitan Magistrate in connection with Crime No.1440/2001 in Anna Nagar Police Station. On 04.04.2002, A.l gave confession under Ex.P.12 which lead to recovery of M.Os.15 to 20 under Ex.P.30 to P.W.24. A.3 also gave a confession statement on 05.04.2002 which lead to the recovery of M.Os.28 to 33 under the cover of mahazar Ex.P.36 in the presence of P.W.10. He recorded further statement of P.W.1 on 06.04.2002 and thereafter arrested A.10 and A.11 at 10.30a.m at Moor Market Sub-way on 06.04.2003. He recorded the confession statement of A.10 under Ex.P.53 and recovered M.O.2, Tape recorder under the mahazar Ex.P.54. He also obtained sample signature Ex.P.55 from A.1 in the presence of P.W.46. On 09.04.2002 at about 6.00a.m he arrested A.4 at Chrompet Railway Station and recorded his confession statement Ex.P.34 in the presence of P.W.9 and recovered M.O.6, Ford Escort Car bearing Registration No.TN-10-F-5555 under mahazar Ex.P.19. On 10.04.2002 at about 8.00a.m, he arrested A.12 at Egmore Railway Station and recorded the confession statement under Ex.P.22 and recovered M.Os.21 to 32 under Ex.P.23 in the presence of P.W.29. As A.12 has expressed his willingness to give confession statement under Section 124 Cr.P.C, a petition was filed before the Chief Metropolitan Magistrate, Egmore on 11.04.2002. P.W.67 came to know about the confinement of A.13 in the Central Prison, Chennai and effected a formal arrest on 19.04.2002. He arrested A.15 at Ega Theater on 24.04.2002 and recorded the confession statement under Ex.P.50 in the presence of P.W.44. He also recovered M.O.10, Hero Honda bike under a mahazar Ex.P.51. Thereafter, he recorded the statement of P.Ws.61 to 65 on 08.01.2002. On coming to know about the surrender of A.16, he obtained police custody for a period of ten days from 16.05.2002 to 22.05.2002. He also recorded the confession statement of A.16 under Ex.P.56 in the presence of P.W.47 and recovered M.Os.34 to 39 under mahazar Ex.P.57 on 22.05.2002. He examined and recorded the statement of P.W.20, P.W.40, P.W.51 and P.W.56 on 25.05.2002 and thereafter, he recorded the statement of P.Ws.49,50 and 57 on 26.05.2002, 27.05.2002 and 30.05.2002 respectively. He obtained four video cassettes and M.O.27 from P.W.28 and prepared the mahazar Ex.P.21. He examined P.W.43 and obtained Exs.P.39 to 42. He sent M.Os.31 to 33 namely the piece of paper and plastic cover for forensic department for comparison https://hcservices.ecourts.gov.in/hcservices/ with Ex.P.55. (e). On 14.06.2002, the Investigating Officer filed final report in PRC.No.55 of 2002 before the XXIII Metropolitan Magistrate, Chennai, against A.1 to A.16 and A.17 and one unknown accused who was absconding. He filed an application on 19.06.2002 for further investigation as he came to know about the whereabouts of the absconding accused and thereafter, he arrested A.17 at about 9.00a.m at Egmore Railway Station on 01.07.2002. Thereafter, he also came to know about the involvement of A.18. As A.18 surrendered in connection with Dindigul Police Station of Crime No.514/2002, he took police custody on 01.08.2002 and thereafter he filed final report on 10.01.2003 under Section 120-B r/w Sections 364, 365, 419, 437, 387, 302, 420 and 201 of IPC. 5. In order to prove the guilt of the accused, the prosecution had examined P.W.1 to P.W.67, marked Exs.P.1 to P.86 and produced M.Os.1 to 39. When the accused were questioned under Section 313 Cr.P.C., as to their involvement in the offence, they had categorically denied each and every charges. 6. On consideration of the evidence put forth on the side of the prosecution, the learned Judge had found the accused guilty, convicted and sentenced A.1 to A.11 and A.13 to A.17 as stated in the earlier portion of the order and acquitted A.12 and A.18. Aggrieved by the above judgment, the present appeals have been filed. As against the acquittal of A.12 and A.18, the State has also preferred the appeal. 7. We have heard Mr.K.Ashokan, learned Senior Counsel appearing on behalf of G.Ravikumar, for the appellant in C.A.No.716 of 2004, Mr.A.Padmanabhan, learned counsel appearing for A-3 and A-5 to A-7, Mr.R.John Sathyan appearing for A.4 and A.15, Mr.B.Sriramulu, Senior Counsel appearing on behalf of K.Selvakumaraswami and A.G.Ramesh for A.10, A.11 and A.14, Mr.Sanakarasubbu on behalf of Mr.P.Vijendran for A.8, B.Mohan appearing on behalf of Mr.N.Manokaran for A.13, A.16 and A.17, Mr.K.Ashok kumar Senior Counsel appearing on behalf of A.N.Thambidurai for A.9 and Mr.C.T.Selvam, learned Additional Public Prosecutor for the State assisted by Mr.R.Muniapparaj, Government Advocate (Criminal side) in all the appeals. In the State appeal in Crl.A.No.685 of 2005 questioning the conviction and sentence imposed on A.12 and A.18, we have also heard Mr.A.Padmanabhan for R.1 and R.3 to R.5, Mr.R.JohnSathyan for R.2 and R.13, Mr.R.Sankarasubbu for Mr.P.Vijendran for R.6, Mr.S.Ashok Kumar for Mr.A.N.Thambidurai for R.7, Mr.B.Sriramulu Senior Counsel for Mr.K.Selvakumaraswami for R.8, R.9 and R.12, Mr.B.Mohan for Mr.N.Manokaran for R.11, R.14 and R.15, Mr.N.Duraisamy for R.16 and Mr.M.V.Muralidaran and E.M.K.Yashwanth Rao for R.10. 8. Mr.K.Ashokan, learned Senior Counsel appearing for A.2 has submitted that (A) there is no evidence as regard to motive for the alleged kidnapping of M.K.Balan except the judicial confession of A.12 who has also been acquitted and in the absence of any material to corroborate, the prosecution has failed to establish the motive aspect. (B) none of https://hcservices.ecourts.gov.in/hcservices/ the witnesses have spoken about the abduction of M.K.Balan on the morning of 30.12.2001 except P.W.3 who could only speak to the extent that he saw a man was pushed into a van by three persons. The entire prosecution case stands solely on the testimony of P.W.10 and P.W.11. A careful reading of their evidence in its entirety would show that both P.W.10 and P.W.11 had actively involved themselves with other accused more particularly A.3 and A.9, and they being the accomplicees their evidence must be carefully scrutinized to sustain the case of the prosecution case. (C) the conduct of P.W.10 and P.W.11 throw serious doubt as to the veracity of the evidence. After the occurrence, both of them had absconded for nearly four months and in the mean time though there were wide publicity as to the missing of M.K.Balan in the media and newspapers, they did not care to inform to the police as to what they had known and more particularly they had failed even to inform the family members of M.K.Balan. The statement under Section 161 Cr.P.C was admittedly recorded by P.W.67 from P.W.11 only on 30.04.2002. Equally the statement under Section 161 Cr.P.C was recorded from P.W.10 only on 01.05.2002. Their statements implicated the accused only after the arrest of A.5 on 18.03.2002. In view of the above conduct, their evidences are unreliable and it would not be safe to convict the accused on the testimony of P.Ws.10 and 11. (D) P.W.49 who was the driver of A.3 who had again said to have seen the incident had turned hostile. (E) There was enormous delay in the conduct of identification parade and also procedures that are to be normally adopted during the course of identification parade have not been followed and for the same reason, the identification of the accused if any cannot be relied upon. (F) The body of M.K.Balan was not identified and the prosecution has failed to prove even the death of M.K.Balan. 9. Mr.A.Padmanabhan, learned Counsel appearing for A.3 had also submitted on the same line, but with the following additions: According to the learned Counsel, P.Ws.10 and 11 are rich businessmen and though they had claimed knowledge about the incident that had taken place on 30/31-12-2001, they did not open their mouth for a period of four months. The learned counsel however would submit that both P.Ws.10 and 11 were taken by the police and were in the custody for over a period of three months and only to escape from the clutches of law for implication in the case, they had been made as witnesses to falsely implicate the accused and in such circumstances, their evidence is contrary to truth and consequently cannot be believed. He would also submit that the prosecution has failed to prove the voice of A.12, who is an Anglo-Indian lady and there is no corroboration as to the material particulars. He would submit that M.O.28 Audio Cassettes and M.O.33 bit papers were not sealed immediately after seizure and therefore, the recovery cannot be believed and consequently no reliance can be placed on M.O.28 and M.O.30. 10. Mr.B.Sriramulu learned counsel appearing for A.10, A.11 and A.14 has also reiterated the same contention that P.W.10 and P.W.11 are accomplices and therefore their evidence should be carefully scrutinized. The statement of one accomplice cannot corroborate the other accomplice. https://hcservices.ecourts.gov.in/hcservices/ Though they were initially shown as accused in the altered FIR, they have not been prosecuted. He would also submitted the abnormal conduct of both P.W.10 and P.W.11 shown that they are not speaking truth and they only falsely implicated all the accused, more particularly A.10, A.11 and A.14. He would also submit that P.W.10 had not identified A.10 in the identification parade, but only before the Court he identified A.10. P.W.11 on the other hand, had not identified A.10