RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant Rajendran was charged under Sections 449, 302 (Two counts) and 392 read with Section 397, I.P.C. on the allegation that on 4/8/1985 at about 7.30 P.M. he committed house trespass in the farm house of deceased Raju at Thalakkarai in order to commit robbery and murder and at the same place and in the course of the same transaction at about 11.00 P.M. he committed the murder of Raju and his wife Pappathi by cutting them with an aruval and in the course of the same transaction he committed robbery of M.O. 6 wrist watch and a cash of Rs. 85/- belonging to the said Raju.

(2.) The prosecution examined 17 witnesses, filed 41 Exhibits and marked 29 M.Os. Of the witnesses examined P.W. 5 Selvi Mani turned hostile. The case of the prosecution as disclosed from the evidence on record is as under:- Deceased Raju is a Mason by profession. He was doing building construction work in a place called Ariveru. His wife deceased Pappathi is the sister of P.W. 1 Thangavel. Rajus had no children. Three years prior to the occurrence fortune seemed to smile upon them. They won about 7 lakhs of rupees in a raffle. Thereafter they shifted their residence to Thazahikkarai, their native place. They purchased a land, built a house, dug a well and settled there.

(3.) P.W. 5 Mani is a resident of Kammala patti in Palladam Taluk. She became acquainted with appellant Rajendran since his sister Santha is her friend. It appears that love blossomed between the appellant and P.W. 5 Selvi Mani 0n 2/7/1982 appellant Rajendran wrote Ex. P-2 letter to P.W. 5 Mani asking her when she would be visiting Thazhaikkarai. Ex. P-3 is the letter written on 16/4/1985 by P.W. 5 Mani to appellant Rajendran stating that she was suffering from aboil in her chest. The Doctors have advised a surgery which she could not afford. One month prior to the occurrence deceased Raju told P.W. 3 Damodarasamy Naidu, an agriculturist of Thazhaikkarai village that appellant demanded money from him and he gave a negative reply. P.W. 13 Thirumalaiappan is a practicing Lawyer in Tirunelveli. He had appeared for the elder brother of appellant Rajendran in the C.J.M. Court. He used to give visiting cards to his clients. Ex. P - 22 is his visiting card.