VELU CHETTIAR Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal No. 54 is by the second accused, Criminal Appeal No. 472 of 1990 is by the first accused, and Criminal Appeal No. 698 of 1991 is by the third accused in Sessions Case No. 239 of 1987 on the file of the learned Principal Sessions Judge, Tirunelveli, and in the judgment, the appellants in the above appeals will be referred to as A2, A1, and A3 respectively as and when the context arises.

(2.) BEFORE the trial court, A1 to A3 along with another accused (A4) were charged under charge No. 1 framed under Section 302 r/w 34 IPC on an allegation that on the night of 25.3.1987, they caused the death of Pappa, the deceased in the case, the daughter of Muthian Thevan, by strangling her neck. Under charge No. 2, they were charged under Section 392 IPC for committing robbery of the gold and silver articles of the deceased. Under charge No. 3, A1 to A3 as well as the other accused were also charged under Section 201 IPC on an allegation that after they committed the offence of murder and robbery, they buried the body of the said Pappa in order to screen themselves from the offences. The learned Sessions Judge, on the evidence adduced, acquitted A4, but convicted the appellants A1 to A3 and sentenced each of them to suffer imprisonment for life under charge No. 1 framed under Section 302 r/w 34 IPC. Though they were also convicted under charges No. 2 and 3 framed under Sections 392 and 201 respectively, no separate sentence was awarded. Hence, the above appeals by A1 to A3.

(3.) THE deceased Pappa is the younger sister of P.W.1. P.W.2 is an elder brother of the deceased and P.W.7 is her another elder brother. P.W.1 and the deceased were living in a house at Thevarkulam and P.W.2 an elder brother of the deceased, was residing in the same village but in a different house. Another elder brother of the deceased, P.W.7, was residing at Quilon in Kerala State. Three months prior to the date of incident, the deceased married one Vedamani, but on account of misunderstandings between herself and her husband Vedamani, she left her matrimonial home and divorce was also obtained. After the divorce, she was eking out her livelihood by bringing clothes from a co -operative society situated in Palayamkottai and stitching them for charges. The deceased was also working in a match factory where P.W.3 was her co -employee. In the said match factory, A3 was also working. Friendship developed between the deceased and A3, who is said to be the concubine of A1, while they were working in the match factory. The deceased was in the habit of lending loans to A2 and A1. A3 borrowed a sum of Rs. 400/ - from the deceased, which she did not repay. The deceased was asking A3 to return the money and unable to repay it. A3 left Thevarkulam and took up her residence at Sankarankovil. A1 used to visit A3 since they were in intimacy with each other. After coming to know that A3 had taken up residence at Sankarankovil, P.W.1 and the deceased went to the house of A3 and asked for the return of money. A3 told them that she has no money and asked the deceased to come on 25.3.1987 to collect the same. P.W.1 and the deceased returned. This was 15 days prior to the date of incident.