PAKKIRISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Sessions Court of East Thanjavur at Nagappattinam as also the High Court at Madras by their concurrent judgments and orders found the appellant guilty of the offences punishable under Sections 302 and 392, I.P.C. and accordingly sentenced him to suffer life imprisonment on first count and RI for ten years on second count. Both the sentences were directed to run concurrently. The appellant by Special Leave has filed this appeal to this Court.

(2.) The facts of the prosecution case lie in a very narrow compass and shorn of details may be summarised as under:- Panchapagesa Iyer, a stone-deaf in his sixties was staying with his wife Mohambal since deceased in Mel Agraharam in Mudikondan.The couple had no child. They owned some agricultural lands which were supervised by Mohambal with the help of appellant. They belonged to an affluent family having various jewellery items of jewels, diamonds and gold. The appellant was said to be a trusted servant and a man of her confidence. Mohambal was fond of wearing the jewellery on her person. The appellant was a young boy of 29 years at the time of occurrence. The appellant being trusted servant had an easy access in the house of his master and was friendly with the couple. Rangam (PW 2) is the resident of the same village and happened to be a close relative of Mohambal and has been residing just opposite her house. Mohambal used to attend to her house hold duties in addition to the supervising of her agricultural lands. The appellant has got a sister called Bharani Ammal (PW 9) who had come to the said village for some medical treatment. Bharani Ammal (PW 9) was unmarried and the appellant was trying to find out a match for her. For the said marriage, the appellant needed some money and 14 sovereigns. The appellant being an agricultural labourer was unable to collect money. It was this need which according to the prosecution made the appellant to commit the present crime.

(3.) It is alleged by the prosecution that Mohambal very often used to sit on the steps of her house in the evening and used to spent sometime in chitchatting with the neighbours and other acquainted passers-by from the road. At about 8.30 p.m., on August 24, 1986, the appellant had come to the house of Mohambal and at that time, she was wearing ear-rings and nose ring studded with diamonds. Some gold ornaments were also worn by her. Late in the evening, when there was lull on the road, the appellant is alleged to have throttled Mohambal and thereafter carried the dead body to a nearby shed at a distance of about 100 yds. and tied a saree around her neck and kept her hanging to the rafter in the said shed.