CHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the High Court of Madras, whereby it maintained the conviction of the appellant Chandran under section 302 read with S. 34 Penal Code, and confirmed the sentence of death inflicted on him by the Sessions Judge, Nagapattinam.

(2.) The prosecution case, as it emerges from the record, (including the confessional statement, Ex. P. 27 of the appellant) is as follows:- The murdered person in this case was Gunabushanathachi, an aged wealthy widow, who was living alone in her ancestral house in the East Street of Kodiakarai. Her sons and daughters are grown-up persons and have been living separately from her. Her second son Ragupathy (P. W. 5) is living and carrying on business at Vedaranyam. Her married daughter Rukmani Ammal (P. W. 6) is living with her husband in the North Street at Kodiakarai. The husband of the deceased had died about 2.1/2 years before the occurrence in question. The deceased was managing the family properties.

(3.) The appellant was working as a servant in the house of the deceased till he attained the age of 15 years. Even thereafter, whenever called upon by the deceased, he used to work off an on for her. Jayabal was co-accused No. 3 and Vaithi alias Vaithianathan was co-accused No. 2 who were jointly tried with the appellant, Chandran. Appellant, Vaithi and Jayabal will hereafter be referred to as A-1, A-2 and A-3 respectively. A-2 is related to A-1 and was his fast friend. A-1, A-2 and A-3 were all living in the Harijan Colony at Kodiakarai.