SAM ANTONY DANASEKARAN Vs. STATE

JUDGEMENT

(1.) The first accused in SC 151 of 1984 on the file of the learned Sessions Judge, Ramanathapuram at Madurai, is the appellant. He was convicted by the learned Sessions Judge u/ S. 376 read with 511, I.P.C., and sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 250/- in default to undergo rigorous imprisonment for three months. The appellant was also convicted for an offence u/ S. 302, IPC, and was sentenced to imprisonment for life and also to pay a fine of Rs. 3,500/- in default to undergo rigorous imprisonment for one year. The appellant was also convicted u/ S. 201 IPC., and sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs. 250/- in default to undergo rigorous imprisonment for three months and all the sentences were directed to run concurrently. If the fine amount of Rs. 3,500/- was paid by the appellant, the same was directed to be paid to P.W. 8 Thangammal. The appellant is challenging the findings of the learned Sessions Judge in this appeal.

(2.) Originally there were three accused in this case. The first accused is the appellant and he is the son of the accused 2 and 3 who are Dr. Rathinam and Dala Rathinam respectively. The accused 2 and 3 were acquitted by the learned Sessions Judge.

(3.) The case of the prosecution as found from the evidence of prosecution witnesses, briefly stated is as follows:- Pappa, aged about 12 years a minor girl was working as a servant in the house of the accused 2 and 3. The first accused and his younger brother, who was the juvenile accused had committed rape on Pappa at about 5 p.m., on 7-8-82 and caused her death by pouring kerosene and setting fire on her body. P.W. 1 Azhagumalai is a student in Diploma Course in Tiruchi Politechnic. He was a resident of Thirumangalam. About two years prior to the occurrence i.e., on 7-8-1982, he came to Thirumangalam for giving an application to Politechnic at Tiruchil. This witness had turned hostile while he was examined in the lower court. P.W. 2 Jeyaprakash was working in the fruit shop belonging to Akbar P.W. 4. P.W. 2 knew P.W. 1 previously when P.W. 1 was working in the shop of P.W. 4. P.Ws. 1, 2 and 3 were working in the fruit shop of P.W. 4. At about 5.30 p.m., on 7-8-1982 the first accused came to the shop and called P.W. 1 stating that he wanted to speak with him about an important matter. P.W. 1 replied that there was crowd in the shop and that he would come after sometime. The first accused used to come to the shop of P.W. 4 and he used to meet P.W. 1 and speak. The first accused also used to bring colour fishes and keep them in the shop of P. W. 4 and take them away thereafter. The first accused insisted that he had got an important matter to be told to P.W. 1 and that P.W. 1 could come back within two minutes. P.W. 2 also asked P.W. 1 to go with the first accused. P.W. 1 was hesitating. P.W. 2 asked P.W. 3 to look after the shop and he took P.W. 1 and came out. Then they went a little distance. Then P. W. 1 asked the first accused as to what was the matter. The first accused hesitated to tell him since P.W. 2 also was present. P.W. 1 told the first accused that P.W. 2 also is their friend and that he could tell them frankly. The first accused then told them that at about 3 p.m., on that day, he and his brother (juvenile accused) and his parents (second and third accused) went to Madurai in a car and when the car reached Madurai Bus stand, the first accused told them that he wanted to see vedio Casette and got a sum of Rs. 10/- and that the first accused and his younger brother got down from the car and came to the city bus stand, boarded a bus and reached Thirumangalam. Then they went to their house and found the servant girl Papa alone in the house. The first accused thereafter told P.W. 2 that after the milk man left the house and after asking his younger brother to find out whether anybody was coming to their house, he called the servant girl for sexual intercourse and on her refusal, he promised before the Jesus Picture that he would marry her and in spite of it the girl did not concede and so he took the girl forcibly and laid her near the bathroom and raped her that thereafter the younger brother also raped her and the girl became giddy and there was also bleeding from her vagina and he called P.W. 1 also. P.W. 1 told the first accused that this is a very serious matter and that he need not tell P.W. 1 further and that he should tell his parents and look after himself and so saying P.W. 1 sent the first accused away from that place. Then P.W. 2 brought P.W. 1 to the shop of P.W. 4. The 1st accused left that place. Then at about 6 p.m. when he went near the railway station, he saw the first accused who was there for getting into the train. Then P.W. 2 asked him as to what had happened relating to the affair of the girl for which the first accused replied that he and his younger brother took the girl to the lavatory and poured kerosene oil on her and set fire and that he had also kept the kerosene tin near her side. This he had done to create an impression that Pappa had committed suicide and he left that place saying that he was going by rail to the house of his aunt. Then P.W. 2 heard that the servant girl in the house of the doctor opposite to his shop had died by pouring kerosene oil and setting fire. At that time P.W. 1 told P.W. 2 that as informed by the first accused earlier, it appears that the first accused had set fire on the servant girl. Then, P.W. 2 advised P.W. 1 not to tell this matter to any one and thereafter, he was examined by the police.