VELLAIAN Vs. STATE

JUDGEMENT

(1.) The appellant is the accused in S.C.No.50/94 on the file of Sessions Judge, Tiruvannamalai. He was convicted along with the other accused for the offences punishable under Secs.457(2), 398, 302 read with 34 and was sentenced to undergo 5 years R.I, 7 years R.I and imprisonment for life respectively. The co-accused was absconding. Therefore, the trial Judge split up the case as against this accused alone. This accused earlier filed an appeal in C.A.No.142/96 through the Legal Services Authority. Subsequently, on his request, another appeal in C.A.No.350/2001 has also been filed through the very same Legal Services Authority, probably due to inadvertency . Since C.A.No.350/2001 over-laps C.A.No.142/96, the same is dismissed and the following Judgment is pronounced in C.A.No.142/96. The short facts required to dispose of the appeal are as follows;

(2.) The deceased Radhakrishnan was running a petrol bunk at Kizhpennathur. His house was nearby the petrol bunk. Since there were no neighbouring houses, the petrol bunk is used to be closed at 8.00 clock in the night every day. On 26.1.90, after closing the petrol bunk, the deceased, his wife-P.W.2 and their daughter P.W.1 were sleeping in their house. At about 1.00 a.m, the deceased heard some sound and doubted that somebody was roaming about outside. He immediately informed P.W.1 to ring up to the police, but the telephone was not in order. The deceased then went outside to bring the watchman of the shed, which was nearby, but came back alone and said that the watchman was not there and his family have gone for some festival. Then they doubted that some thieves would have come there. The deceased then safely kept the collections. They prepared to encounter the thieves by P.W.2 having chilly power in her hand, P.W.1 having a petrol in a vessel with a match stick and the deceased having an iron rod. Since till 2.00 a.m, no body entered the house, they went to sleep, but they noticed two persons coming near by petrol bunk through the glass. Immediately the deceased shut the door, while both the persons pushed the door and gained entry. Though P.W.2 sprinkled chilly powder, since those two persons coming themselves covering their face with bed sheets, chilly power did not fall on their eyes. P.W.1 attempted to pour petrol on them, but she could not light a match stick. The persons, who gained entry were armed, one with knife and another with pen knife. The deceased gave a blow on one of them but immediately, the person who was having the knife cut the deceased. The other person who was armed with pen knife put P.Ws.1 and 2 inside the room and locked. The ear studs were also removed from P.W.2 and P.W.4. They also searched the suit case and other places and could get only Rs.1,000/-. Then they picked up the kerosene available there, went outside the room, poured the kerosene on the deceased and set him to fire. P.Ws.1 and 2 shouted. On hearing their noise, P.W.3 and some others rushed to the scene of crime, by the time, those two persons left. P.W.3 and others opened the door and released P.Ws.1 and 2. They all came and saw the deceased burning and they tried to put down the fire by putting gunny bag on him by that time he died. After putting down fire, P.Ws.1 and 2 were taken to the police station by P.W.3.

(3.) P.W.1 gave a statement Ex.P.1 to P.W.7 Sub Inspector of Police Kizhpennathur at about 6.00 a.m on 27.1.90 and a case was registered in Cr.No.31/90 for offence punishable under Sec.302 IPC. The printed First Information Report is Ex.P.8. P.W.12 Inspector of Police took up investigation. He went to the scene of crime at about 7.00 a.m, observed the same and prepared Ex.P.2 observation mahazar, drew a rough sketch Ex.P.16 and also seized M.O.3 blood stained earth; M.O.4 sample earth and M.O.5 cloth; M.O.6 burnt clothes; M.O.7 kerosene tin and M.O.8 blood stained earth seized from the entrance of the house and M.O.9 sample earth under Ex.P.3 mahazar. He then held inquest on the body of Radhakrishnan between 8.00 a.m and 1.00 p.m. During inquest, he examined P.Ws.1, 2 and others. Ex.P.17 is the Inquest Report. After inquest, he forwarded the body for autopsy.