MURUGAN Vs. STATE

JUDGEMENT

(1.) The appellant/accused in S.C.No.66 of 2017 on the file of the learned III Additional District and Sessions Judge, Tirupattur was convicted by judgment dtd. 12/2/2019 and sentenced to undergo one month simple imprisonment for the offence under Sec. 341 IPC, to undergo imprisonment for life for the offence under Sec. 302 IPC and to pay a fine of Rs.1000.00, in default to undergo three months simple imprisonment, to undergo seven years rigorous imprisonment for the offence under Sec. 397 IPC and to undergo three years rigorous imprisonment for the offence under Sec. 201 read with 302 IPC and to pay a fine of Rs.500.00, in default to undergo three months simple imprisonment. Against which, the present appeal is filed.

(2.) Before the Trial Court, on the side of the prosecution P.W.1 to P.W.13 were examined, Ex.P1 to Ex.P16 and M.O.1 to M.O.5 were marked. On the side of the defence, D.W.1 was examined, Ex.D1 and Ex.D2 were marked.

(3.) The case of the prosecution is that the appellant is a resident of Kudiyanakuppam, Jolarpettai and his friend minor Sasikumar is a resident of Boyar Vattam, T.Veerapalli, Natrampalli Taluk. The appellant and his minor friend were in the habit of committing theft of two wheelers. On 1/4/2016 at about 6.30 p.m. Near Kudiyanakuppam lake and Elango's Guava Orchard, the appellant and the said minor Sasikumar in furtherance of common intention of committing the offence had wrongfully restrained the minor Sathyamoorthy, who was returning home in a TVS XL Super motorcycle bearing registration No.WB-E-1188 after attending his School Annual Day function rehearsal, the appellant and minor Sasikumar picked up a quarrel with him. The said minor Sasikumar took away the two wheeler key and forced the said minor Sathyamoorthy to hand over the two wheeler to them. Thereafter, quarrel picked up the said minor Sasikumar hit the minor Sathyamoorthy on his forehead with a wooden log/M.O.5, the appellant abetted and joined the attack. The said minor Sathyamoorthy swooned and fell down, sensing minor Sathyamoorthy dead, he was dragged and thrown in the nearby lake. The appellant and the said minor Sasikumar taken the vehicle and the same was hidden in the house of the appellant, sensing they would be caught, they fled from the Villages. P.W.1/father of the said minor Sathyamoorthy finding that his son had not returned home even after 6.30 p.m., enquired with the School and he was informed that his son had left the School. Thereafter, he enquired for his son and made searches in the nearby places including with P.W.3 (a relative of father of deceased). Later P.W.3 on coming to know about the boy missing called P.W.10/his friend, informed that both had seen the appellant, minor Sasikumar and minor Sathyamoorthy near Elango Guava Orchard on that day at about 5.00 p.m. who were quarreling, which fact was informed to P.W.1 and others. Thereafter, they made a search near that area and unable to find anything in the dark, P.W.1 informed the Fire Service but they were also unable to find anything in the dark. On the next day i.e., 2/4/2016 between 6.00 a.m. and 6.30 a.m. the Fire Service Personnels found the drowned body of the deceased minor Sathyamoorthy and lifted the dead body to the floor.