BASKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 09.11.2006 passed by the High Court of Madras affirming the conviction and sentence of the first appellant under Section 376 (2) (g), 302 and 201 I.P.C. awarding sentence for life imprisonment along with Rs. 5,000/- fine, 10 years RI, along with Rs. 5,000/- fine and 3 years RI, with a fine of Rs. 2,000/- respectively. The Trial Court had awarded identical sentences to Appellant No. 2, who on appeal in the High Court, was acquitted of the offence of murder under Section 302 IPC but his conviction and sentence under Section 376 I.P.C. was maintained.

(2.) The case of prosecution which led to the conviction and sentence of the appellants summarily stated are as follows:

(3.) After about 35 days, on 25.11.1995, the appellant No.1 approached PW10, the village Administrative Officer of Kadhili village whereby he confessed that he along with appellant No.2 and two others murdered the deceased after raping her and offered to surrender. This confession was reduced into writing in presence of PW-11 who was there and who signed the same. In pursuance to the confessional statement, the I.O. took him to the scene of crime where some earth sample was taken and then they went to A1 s home, where a diary belonging to the deceased was recovered. The next day, on 26.11.1995, A-2 approached PW-13, the village Administrative Officer of Sunderam Palli village and confessed about the crime, in the presence of PW-14, who had attested the written confession given to PW-13. The accused/appellants were then, committed to trial and convicted on the basis of the extra-judicial confession. While A-1 had identified A-4, A-2 had identified A-3 and thus, they too were arrested. However, later the trial court had acquitted A-3 and A-4 and the State did not challenge the same.