A RAVIKUMAR ALIAS RAVI Vs. STATE AND ORS

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.117 of 2006, on the file of the Additional Sessions Court [Fast Track Court No.I], Trichy. He stood charged for offence under Section 302 of the Indian Penal Code. By Judgment dated 09.01.2007, the Trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. [No fine amount was imposed]. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:- The deceased, in this case, was one Mr.Balamurugan. One Mr.N.Murugesan, [who died subsequently], the appellant, the deceased Mr.Balamurugan and one Mr.M.Sekar [PW-10] were all friends. On 04.03.2005, at about 07.00 PM, all the above four persons travelled in a train bound for Trichy from Erode. At about 08.45 PM, the train made a halt at Karur Railway Station. All the four persons got down from the train and proceeded towards west along with the railway line. On their way, they found a boy and a girl sitting together in a dark place. With a view to sexually assault the girl, the deceased Balamurugan ran towards her. On seeing the same, the boy and the girl took to their heels and disappeared. Thereafter, all the four persons came to the Railway Bridge and they were eating Briyani. At that time, the said N.Murugesan told the deceased Balamurugan that it was because of him, the girl escaped, otherwise, according to him, they could have sexually enjoyed her. While so saying, N.Murugesan attacked the deceased Balamurugan with hands. The deceased Balamurugan retaliated. N.Murugesan fell down. On seeing the same, the present appellant and N.Murugesan started mounting attack on the deceased Balamurugan with hands and stones repeatedly. The deceased Balamurugan fainted. Then, the accused and N.Murugesan dragged him to the railway line and put him across the railway track. Soon thereafter, a train passed through. It hit the deceased and as a result, the body was cut into two pieces at the abdomen level. The deceased died of the injuries. Thereafter, the accused and N.Murugesan fled away from the scene of occurrence. The entire occurrence was witnessed by M.Sekar [PW-10]. [During trial, M.Sekar has turned hostile and he has not supported the case of the prosecution in any manner].

(3.) Based on the above materials, the Trial Court framed a lone charge under Section 302 of the Indian Penal Code. The accused pleaded innocence, and therefore, he was put on trial. In order to prove the charges, the prosecution has examined twenty five witnesses and twenty six documents were exhibited, besides, nine Material Objects. Out of the said witnesses, PW-1 and PW-2 have spoken to about the dead body lying near the railway track, that too, in two pieces. PW-3 has spoken to about the Observation Mahazer prepared by the local police. PW-4, PW-5 and PW-6 have identified the dead body from the photographs as that of the deceased Balamurugan. PW-8 has also identified the dead body. PW- 13 and PW-14 have spoken to about the postmortem conducted by them. PW-15 has spoken to about the confession given by the accused to the police. PW-18 is the Forensic Expert, who conducted superimposition examination on the skull of the dead body and opined that the dead body was that of the deceased Balamurugan. The others are the official witnesses.