SEVAKA PERUMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Special leave to appeals granted.

(2.) The case of the prosecution in brief is that the appellants and PW-1, the approver belonged to Kidarakulam village and became friends. A-1 used to bring money from the timber shop of his brother-in-law (PW 4) in Sessions Case No. 284/ 86 in whose shop A- 1 had worked. They used to go to various places. A-1 used to purchase ganja from Chenglpatai and other places and A-1 and A-2 used to sell them. Yet they did not have enough money to spend lavishly. They attempted to commit theft in the localities but became impracticable. Therefore, they conspired to entice boys from affluent families to bring cash and jewellery from their houses; take them to far away places; take their money or jewellery and to murder them for gain. Pursuant thereto in 1978 they murdered one Athiappan; in 1981 one Chelladurai; in March, 1982 one Hariramchandran and in 1983 one Christodas. In Sessions Case No. 283/ 86, the deceased boy is Athiappan. In Sessions Case No. 284/ 86, the deceased boy is Hariramchandran. Sessions Case No. 282/86 on the file of the Sessions Court, Madurai Division relates to deceased Chelladurai. Therein also we are informed that the appellants were convicted but on appeal they were acquitted. In Sessions Case relating to the death of Christodas, it was also ended in conviction and sentence of death was imposed on the appellants and is pending confirmation in the High Court.

(3.) It is sufficient to set out the material fact leaving out the minor details in Sessions Case No. 284/ 86 to meet the points raised by the counsel for the appellants. A-1 enticed the deceased, Hariramchandran, his nephew (elder sister PW-2' son) to bring jewellery from the house of PW-2 and PW-4. The appellants and PW-1 took him to Madurai. On the way the deceased went to the house of PW-3 and handed over one chain to be delivered to his mother and took M. 0. 1 chain with him. A-1 had taken a room in the lodge at Madurai run by PW-16. On coming to know that they were staying in Madurai, PW2, PW-4, her husband and PW-3 went to the lodge and the deceased was found thereat. He informed them that the chain was with A-1 and he would come in the evening at 8.00 p.m.