SAMPATH KUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals by special leave call in question the correctness of an order dated 30 th April 2009 passed by the High Court of Madras, whereby Criminal Appeal No. 1008 of 2007 filed by the appellants against their conviction under Section 302 read with Section 34 IPC has been dismissed and the sentence of imprisonment for life awarded to them by the trial Court upheld.

(2.) Briefly stated, the prosecution case is as under: The appellants, namely, Shanmugam, Velu and Sampath Kumar were close friends of the deceased-Senthil Kumar and Palani (PW7). Appellant-Velu has a younger sister, named, Usha who, according to the prosecution story, had fallen in love withthe deceased-Senthil Kumar and wanted to marry him. Appellant-Velu did not approve of the said relationship and had asked appellant-Shanmugan to convey to the deceased-Senthil Kumar to keep off Usha or else he would break his hands and legs. In July 2002, appellant-Velu appears to have come on leave from his army services and during this period he and his motherBalammal are said to have informed Murugambal (PW2)- mother of the deceased, sister-Lakshmi (PW3) and her husband-Selvam (PW1) that they had decided to give Usha in marriage to the deceased-Senthil Kumar. Further discussion regarding the marriage was, however, deferred till the passing of the Tamil month Adi, considered inauspicious for finalisation of matrimonial alliance. On 27 th July, 2002 i.e. two days after the marriage proposal was made, Ramesh (PW9) was employed to paint the house of Lakshmi (PW3) when he saw the deceased-Senthil Kumar and Usha embracing one another in one of the rooms of the house. According to Ramesh (PW9), even the appellantShanmugam saw Usha and Senthil Kumar in a romantic embrace. The appellant-Shanmugam was also, according to the prosecution, one of the suitors of Usha and had a one-sidedaffection for her. On the following day, i.e. 28 th July, 2002 PWs. 1 to 3, their neighbour and the appellant-Shanmugam went to a theatre to see a movie and retuned home around 9.30 p.m. While Selvam (PW1), Murugambal (PW2) and Lakshmi (PW3) retired to bed inside the house after dinner, the deceased-Senthil Kumar and Palani (PW7) slept as usual in the verandah of the house. The appellant-Shanmugam also used to sleep with them but for some reason he did not turn up to do so on that day. At about 2.45 a.m. on the night intervening 28 th and 29 th July, 2002, Palani (PW7) heard the sound of a stone being thrown. He woke up to see the appellant-Shanmugam standing near the head of the deceased and the remaining two appellants also standing close by. The prosecution case is that Palani (PW7) was threatened by the appellants not to disclose to anyone regarding anything for otherwise they would kill him also. At this, Palani (PW7) shouted and ran to hide himself on the rear side of the house. In the meantime, PWs 1 to 3 who were sleeping inside the house also awoke upon hearing the noise and started shouting for help. This woke up their neighbour (PW8) in the opposite house who went over to the house and opened the door to help them come out.PWs 1 and 8 then went to the rear side of the house to find the appellant-Shanmugam lying beside a plantain tree with his hands tied with a cloth. It was also noticed on removing the blanket covering the deceased that someone had smashed his head with a stone which was lying at his side. When the appellant-Shanmugam was asked as to who had beaten him and thrown him behind the house, he stated that it was some stranger who had done so. Senthil was rushed to the hospital but died en-route. Selvam (PW1) went to the police station and lodged an oral complaint. The police registered a case under Sections 302 and 324 IPC.

(3.) After completion of the investigation the police filed a charge-sheet against the appellants accusing them of committing the murder of Senthil Kumar. The appellants were then committed to the Sessions Judge, where they pleaded not guilty and claimed trial. At the trial the prosecution examined as many as 18 witnesses to prove its case. The Sessions Judge eventually came to the conclusion that the prosecution had proved its case beyond a reasonable doubt and accordingly convicted the appellants for the murder of the deceased-Senthil Kumar andsentenced them to undergo imprisonment for life under Section 302 read with Section 34 IPC. They were also sentenced to pay a fine of Rs.2,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for two years. The Sessions Judge based his conviction primarily on the strong motive which appellants Shanmugam and Velu had to do away with the deceased due to his love affair with Usha. The Sessions Judge relied heavily upon the deposition of Palani (PW7) and the letter Exh. P-22 allegedly written by appellant-Shanmugam to the mother of the deceased, Murugambal (PW2) accusing appellantVelu to be the person responsible for the death of the deceased.