T MURUGAN Vs. STATE

JUDGEMENT

(1.) In these three appeals, a common judgment and order of the learned Additional Sessions Judge dated 10.07.1997 passed in Sessions Case No.27/1996 has been challenged.

(2.) By the impugned judgment, all the appellants (hereafter referred to by their names, i.e., Murugan, Veeran and Karuppan) were sentenced to undergo 7 years imprisonment for conspiracy to commit theft with fine and also undergo life imprisonment for the offence punishable under Section-302, IPC. All the appellants were originally charged with committing offences under Section-120B/380/302/34, IPC.

(3.) The prosecution s case was that one N.R. Nagaratanam, a widower was living alone in Janak Puri, in Flat No.B-38/91-C, on the second floor. He had two sons, PW-7 & PW-8 who were living outside Delhi. PW-7 was working in Bhopal and PW-8, in Bombay. Nagratnam (hereafter referred to as the deceased ) had a tenant Sri Niwasan (PW-10); he lived there with his brother. It is further alleged that on 27.07.1993, PW-10 went downstairs and pressed the deceased s door bell. On finding no response, he pushed the door; it opened. PW-10 saw the dead body of the deceased lying on the floor in a pool of blood. He immediately rushed to the flat of PW-5, a neighbour who informed Police Station, Janak Puri. This was recorded as DD No.47-B. Immediately, PW-27, SI K.P. Singh rushed to the spot. Apart from noticing the body, he observed sharp weapon wounds on the deceased s chest and a nylon rope tied around his neck. A lot of blood was found; some blood stained foot prints were also discovered. Some food was lying on the dining table and a chair had been overturned. PW-27 prepared a rukka - Ex.PW-27/B and sent it to Constable Desh Raj, PW- 13 for registration of FIR under Section-302 IPC; it was accordingly done. The FIR was exhibited as Ex.PW-23A.