CHELLADURAI ALIAS ALEX Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence ordered against the first accused in the judgment dated 9.8.2011 made in S.C.No.107 of 2011 by the Additional Sessions Judge cum Fast Track Court No.II, Tirunelveli District. By this judgment, the first accused/appellant in this appeal was convicted under Sections 452, 342, 302 and 380 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/ - under Section 302 IPC; rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/ -, in default, to undergo 6 months rigorous imprisonment under Section 452 IPC; 1 month rigorous imprisonment under Section 342; and 1 year rigorous imprisonment under Section 380 IPC. The sentences were ordered to run concurrently. The period of imprisonment already undergone was directed to be given set off. The second accused was acquitted of the charge under Section 202 IPC.

(2.) THE case of the prosecution is that the first accused was involved in chain snatching cases. When the second accused was in Palayamkottai Central Prison in connection with arrack case, he and the first accused became friends. The complainant, Ramasamy was an employee of Public Works Department. He was residing in Door No.6 -B at Annamalayar Bhavanam, Kalidasan Nagar, Thenkasi, with his wife Meenalochani. The said Meenalochani used to stay alone in the house when her husband, Ramasamy, goes to office. It was the usual habit of the first accused, whenever he goes to the area where Meenalochani's house is situated, to visit her house and ask for water to drink. On 30.07.2010 at 03.00 p.m., the first accused went to Meenalochani's house and asked for water; when Meenalochani went to kitchen for bringing water, the first accused followed her and locked the door inside, tied Meenalochani's hands behind with some soiled cloth and inserted a blouse in her mouth in order to prevent her from making cry and pushed her into the bathroom, and took a sickle (aruval) and cut her neck and thus, committed murder with an intention to steal the gold jewellery, which the deceased was wearing. The first accused took away gold chain weighing 4 sovereign from deceased Meenalochani's neck. The first accused contacted the second accused, who was not in station, at that time, for pledging the gold thali chain, for which the second accused asked the first accused to keep the chain with him till he returns, for pledging the same. Hence, the first accused was charged with Sections 452, 342, 302 and 380 IPC and since the second accused concealed the offence by not informing the police, he was charged under Section 202 IPC.

(3.) PW .4 Ragavan was a neighbour of Ramasamy, having his house on the eastern side. On 30.07.2010 between, 3.00 p.m. and 4.00 p.m., one Indumathi and Subbuthai informed him that PW.1 Ramasamy's house remained open and asked PW.4 to look into the same. PW.4 went to the house of Ramasamy, while Indumathi and Subbathai were waiting outside. PW.4 saw bloodstains and foot marks in the hall and when he entered into the bath room attached to the bed room, he saw a body of woman lying facing the floor. Immediately, PW.4 informed Indumathi and Subbuthai, and in turn, Indumathi called PW.1 Ramasamy over phone and he came to the house at