SANKARAPANDIAN Vs. STATE

JUDGEMENT

(1.) All the four appellants were tried for the offence punishable under Section 302 read with S. 34, I.P.C. under the first charge and for offence punishable under Section 201, I.P.C. under the second charge by the learned Second Additional Sessions Judge, Trinelveli in Sessions Case No. 211 of 1984 on the allegation that on the night of 11-10-1983 near Tuticorin V.O. Chindambaranar College Students Hostel appellants 1 to 4 with the common intention of causing the death of one Rajendran son of Thangaraj Nadar of Briant Nagar, Tuticorin took him, murdered him by cutting and stabbing with deadly weapons and after committing the murder, with a view to escape from the punishment for the offence of murder separated the head of the deceased Rajendran from his body and buried the same in sand near Kamaraj College, Tuticorin. After elaborate trial, the learned Second Additional Sessions Judge found the appellants guilty on both the charges and convicted and sentenced them to undergo imprisonment for life for the offence under Section 302 r/ w. S. 34, I.P.C. and rigorous imprisonment for 3 years for the offence under Section 201,I.P.C. and ordered that the sentences to run concurrently. This appeal has been preferred by the appellants against their conviction and sentence.

(2.) The prosecution case as recorded before the learned trial Judge is in brief as follows : P.W.2 Sarojini married the deceased Rajendran about 4 months prior to his death and from that day onwards she was residing with the deceased at Sivankoil Street. P.W. 1 Valliammal is the aunt of the deceased Rajendran. Prior to the occurrence, the deceased Rajendran was beaten by the associates of Anthonyappan and consequently he was in the hospital for about a month. During that time, P.W. 2 was residing in her sister's house at Palayamkottai out of fear. After the deceased Rajendran was discharged he brought P.W. 2 and resided in Krishnammal Compound in Briant Nagar. About 10 days prior to the occurrence while the said Rajendran was returning after witnessing a cinema, he was inflicted with injuries by hurling bomb upon him by Mariappan group and consequently he was admitted again in the Government Hospital and he was by then attended by P. Ws. 1 and 2 for help. During the time Al used to come to the hospital and see the deceased. After the discharge from the hospital, he came to his house situated within the compound of Krishnammal and Al met him there also. The house in which Rajendran was living belonged to the father-in-law of P.W. 6. Pandi. P.W. 6 was working in the Port Trust and he married Lakshmi the daughter of his house owner. As the father-in-law of P.W. 6 expired, P.W. 6 Pandi and his wife Lakshmi came and stayed in that house for about 16 days. The house of the deceased Rajendran and the house where P.W.6 and Lakshmi were residing were within the same compound.

(3.) Before P.W. 6 married the said Lakshmi, she was having connection with Al and after her marriage she did not have connection with Al. Al used to visit the house of Rajendran very often which was not liked by Lakshmi and it was followed by P.W. 6 asking the deceased Rajendran not to allow Al to come to their house and even so if he visits, he asked Rajendran to vacate his own house. On a Sunday prior to the occurrence when Al visited the house of the deceased Rajendran P.W. 6 asked him not to come to his house for which Al took a gun and attempted to shoot P.W. 6. Deceased Rajendran intervened and pushed Al outside. It was followed by a warning by A1 that there would be a clash between him and the deceased. So saying Al left his house.