BALAJI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22nd February, 2007, passed by the Madurai Bench of the Madras High Court confirming the conviction and sentence passed against the appellant under Section 302 of the Indian Penal Code, mainly on the evidence of PW.2, the daughter of the accused No.2 who was ten years old on 23rd October, 1999, when the incident is said to have occurred.

(2.) The second accused in the trial, Dhanalakshmi, is the wife of the deceased, Chelliah Naicker. The first accused is the nephew of Chelliah Naicker. According to the prosecution case, the first accused and the second accused developed an illicit relationship. The first accused would visit the house of the deceased carrying liquour with him which he gave to the deceased, and, thereafter, indulge in illicit intimacy with the second accused. PW.2, Sundari, referred to hereinabove, is the child of the second accused and the deceased. At the time of the incident, the deceased and the first accused and Sundari were residing in a hut belonging to PW.4 at Rajiv Nagar, Tuticorin. According to the prosecution, on 23rd October, 1999, the first accused came to the house of the deceased along with a bottle of liquour as usual and handed over the same to the deceased. Thereafter, after having illicit relations with each other, both the accused decided to do away with the deceased and in furtherance of their object they took a nylon rope and strangulated the deceased. Immediately, thereafter, they dug a hole in the floor of the hut and buried the dead body in the said hole. It is the prosecution case that the entire incident had been witnessed by Sundari, who was threatened by the accused that if she revealed the occurrence to anybody, she would have to face dire consequences. One Papammal, who was examined as PW.3, is also alleged to have witnessed the digging of the hole by the accused persons and on being questioned, the accused persons are said to have informed him that they had killed the deceased as he was a continuous menace for them.

(3.) It appears that on 3rd November, 1999, PW. 1, the father of the deceased came over to the house of the accused No.2 and asked about his son's whereabouts from PW.2, Sundari. It also appears that Sundari narrated the entire incident to PW. 1 and also showed him the place where the deceased was buried. Immediately thereafter, PW. 1 and PW.2 went to Muthaipuram Police Station and narrated the entire occurrence to the Sub-Inspector of Police, PW.13, and the same was reduced into writing and an FIR was prepared registering a case against the accused persons under Section 302 IPC. Copies of the same were sent to the Judicial Magistrate No.II, Tuticorin, the Tahsildar, Tuticorin and to the higher police officials.