MAHARAJA Vs. STATE

JUDGEMENT

(1.) The sole accused has filed the above appeal challenging the Judgment of Conviction and Sentence imposed on him for the offence under Ss. 302, 364 and 201 IPC by the learned IV Additional District and Sessions Judge, Tirunelveli in S.C.No.407 of 2018 dtd. 2/4/2019.

(2.) The case of the prosecution is that on 27/8/2016 at about 11.45 p.m, the appellant/accused with an intention to cause the death of his friend Ramesh called him to help him in committing murder of another person and took him in his bike bearing Reg.No.TN-76-D-6495 by concealing Knife and Aruval in his dress to cause his death. The appellant/accused parked the vehicle about 100 metres away from the town and when the people of the village were witnessing temple festival, the appellant took the deceased to a nearby farm belonging P.W.4 and attacked the deceased by using the Knife and Aruval. After causing death, the appellant cut the private part of the deceased and stuffed it in his mouth. Thereafter, he set fire to the body of the deceased by pouring petrol. The motive, according to the prosecution, is that on 27/8/2016, at about 10.00 a.m, the deceased had misbehaved with the daughter of the appellant, aged about 1-1/2 years, by touching her private part. That was witnessed by the appellant and hence, he decided to cause death of the deceased.

(3.) The appellant was charged and convicted for the offences under Sec. 302 IPC and sentenced to life imprisonment; for the offence under Sec. 364 IPC, he was sentenced to 10 years R.I; and for the offence under Sec. 201 IPC, he was sentenced to 3 years R.I.