PALANISAMY AND RAJU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Palanisamy and Raju, second and third accused respectively in Sessions Case No. 36 of 1981 in the Court of Session of Periyar Division at Erode are the appellants before us. They were tried along with Subramaniam, who was the first accused, for offences punishable under Sections 436 and 302 read with Section 34 of the Indian Penal Code. The learned Sessions Judge convicted all the three accused for the above offences and sentenced them to death for the offence of murder and to rigorous imprisonment for ten years for the offences under Section 436. All the three accused preferred appeals before the High Court of Judicature at Madras, as Cr. Appeals Nos. 89, 90, 91 of 1982. The High Court allowed the appeal filed by the first accused and set aside the conviction and sentence against him while the appeals filed by the second and third accused were dismissed. This appeal, by special leave, is directed against the common Judgment passed by the High Court confirming the conviction and sentence of the appellants.

(2.) The facts in brief are as follows: The case involves death of five persons; Muthuswami Gounder, aged about 40 years, his wife Papayi Ammal, aged about 30 years, and their children Chinna Pappai, Mani and Rasu, aged about 8, 5 and 1 years respectively. All of them were sleeping inside their hut (salai). The accused are alleged to have set fire to the hut on the night of 2-7-1980, caused destruction of the said salai and the death of the above five persons. P. W. 2 is the father of Muthuswami Gounder and P. W. 3 is his mother. They were also residing in the same hut. P. W. 2 took his bed on that night outside the hut on a cot in the verandah, while the P. W. 3 was sleeping on the threshing ground keeping watch over the paddy harvested. P. W. 3 heard the cry raised by a oobbler (Muthan) shouting that the hut was ablaze, got up and rushed towards her hut and found that the fire had engulfed her hut from the directions. She rushed to the house of P. W. 1, the father-in-law of deceased Muthusami P. W. 1 and P. W. 3 ran towards the hut. P. W. 2 felt the heat and got up and moved towards the plantain garden. P. W. 1 and others extinguished the fire. P. Ws. 5 and 6 reside in the cobblers' colony nearby. They were alleged to have been sleeping on the night of occurrence in the threshing floor situate in the garden land of Channimalai Gounder, keeping a watch over the harvested paddy. They heard the sound of cracking of the rafters at that time. They saw accused No. 3 with a tin in his hand along with accused Nos. 1 and 2 coming from the site of the scene. They asked the accused about the propriety of their action. Accused No. 1 threatened them and asked them to keep quiet. They got panicky and after waiting for some time left the place and disappeared. On their way, they saw P. W. 4 coming. When P. W. 4 asked them, they informed him that the hut of Muthusami Gounder was on fire.

(3.) P. W. 1 gave information to the Village Munsif, P. W. 7, on 3-7-1980, at about 4.30 A.M. P.W. 16, Inspector of Police reached the scene at about 9.00 A.M. and took over investigation. He conducted the inquest over the dead bodies and questioned the available witnesses. The first accused was produced on 11-7-80, by P.W. 9, the village Munsif of Unjalur before P. W. 16 who arrested him on that day. He volunteered a statement, which was reduced to writing and attested by P. W. 9 and another. On information, P. W. 16 went to Erode Railway Station where he arrested accused 2 and 3 on 12-7-1980 at 3.00 A.M. Both of them voluntarily gave statements in the presence of P. W. 9 and another. Later on these accused gave confessional statements before the Magistrate.