NEHRU Vs. STATE

JUDGEMENT

(1.) - The accused 1 to 3 in S.C. No. 10/90 on the file of the Court of Sessions are the appellants in this appeal. They were tried for offences under Sections 449, 302 read with 34 and 307 read with 34 (Al and A3 alone) of I.P.C. On being found guilty of the offences referred to above, for the offence of murder each one of them was sentenced to undergo life imprisonment, for the offence under Section 449 of I.P.C. each one of them was sentenced to undergo seven years of rigorous imprisonment and for the offence under Section 307 read with 34 of I.P.C., Al and A3 were sentenced to undergo seven years rigorous imprisonment. The sentence are directed to run concurrently. The correctness of that judgment that is being challenged in this appeal.

(2.) Heard Ms. A. Madumathi, learned counsel appearing for the convicted 1st accused/first appellant. Mr. K. Sankarasubbu learned counsel appearing for the 2nd and 3rd accused and Mr. C.M. Gunasekaran, learned Government Advocate appearing for the respondent.

(3.) We briefly summarise hereunder the case of the prosecution: P.W. 3 is having a jewellary shop near the bus stand at Red Hills. P.W. 1 is a Nepallee and he is employed as Gurkha for the said shop. P.W. 1 stays in the shop itself even during night. The deceased in this case is the son of P.W. 3. He also used to sleep in the shop in the night. P.W. 7 is a resident of a village in Renigunta and he is employed in a hotel. He knows Al to A3, Al to A3, in the company of another individual, used to commit thefts in Puthur, Nagari, Napalayam and other like places and used to bring those stolen articles to P.W. 7, with a request to sell or pledge them and raise money. In that context, P.W. 7 knows all the accused. At about 8.00 p.m. on 20-3-1989 all the accused left Renigunta for Red Hills, telling P.W. 7 about it. At about 10.00 p.m. on 21-3-1989 the deceased in this case after dinner came to the shop to sleep. Around l1O clock on that night the deceased as well as PW. 1 were sleeping inside the shop. Two bulbs were burning in the shop at that time and the door of the shop was locked from inside. At about 1.30 a.m. on the following morning, i.e. on 22-3-1989, P.W. 1 felt that somebody is putting some pressure on his mouth, he noticed the first accused closing has mouth, with a plaster and pressing his throat with a knife. M.O.1, A3 got hold of the hands and legs of P.W. 1 and A2 got hold of the deceased. However. P.W. 1 using force was able to wriggle himself from the clutches of the accused. All the accused escaped by going through the rear portion of the building. P.W. 1 removed the plaster struck to his mouth and went near the deceased. Chandra Kishore. He also noticed the mouth of Chandra Kishore closed with a plaster. He removed the plaster and at that time noticed Chandra Kishore having sustained bleeding injuries on his neck. Chandra Kishore was fighting for his life. Immediately P.W. 1 came out of the shop and shouted for help. P.W. 2 who was employed in the timber shop nearby was also sleeping there. On hearing the noise of P.W. 1, he also reached the scene of occurrence to whom P.W. 1 told about the incident. Thereafter, P.W. 1 went to inform P.W. 3, the father of the injured Chandra Kishore. P.W. 2 also noticed Chandra Kishore fighting for his life with bleeding injuries. P.S. 3 was informed at about 1.45 a.m. on the morning of 22-3-1989 by P.W. 1. Immediately, P.W. 3 with his other son accompanied P.W. 1 to the shop, where he found Chandra Kishore profusely bleeding. He also found the pillow the bed and the bed cover blood stained. MOs. 2 to 4, worn by the deceased as well as MO. 5 the pillow, MO. 7, the bed sheet were all blood stained. P.W. 3 immediately transported his injured son to Government Stanley Hospital at Madras. On reaching the hospital the injured Chandra Kishore was pronounced dead.