MUTHUKRISHNAN Vs. STATE

JUDGEMENT

(1.) The above appeals have been filed challenging the judgment passed in S.C.No.239 of 2013 on the file of the learned IV Additional Sessions Judge, Tirunelveli District, dtd. 31/10/2019. Crl.A.(MD).No.150 of 2020 is filed by A1 and A6, Crl.A.(MD).No.620 of 2019 is filed by A3 to A5, Crl.A.(MD).No.58 of 2020 is filed by A7 and Crl.A.(MD).No.10 of 2020 is filed by A8.

(2.) The appellants were convicted for the offence under Sec. 302 IPC and sentenced to life imprisonment with a fine of Rs.5000.00, in default to undergo two years simple imprisonment, for the offence under Sec. 365 IPC and sentenced to three years rigorous imprisonment with a fine of Rs.2000.00, in default to undergo one year simple imprisonment, for the offence under Sec. 147 IPC and sentenced to one year rigorous imprisonment with a fine of Rs.1000.00, in default to undergo three months simple imprisonment and for the offence under Sec. 201 IPC and sentenced to three years rigorous imprisonment with a fine of Rs.2000.00, in default to undergo one year simple imprisonment.

(3.) The case of the prosecution is that the deceased Bhagavathy was a friend of A8, Sulthan. They both were in the habit of doing unnatural sex. A1 is working as a driver for one Mani, who owned a Maruti omni van bearing Registration No.TN 72 AZ 0471. Accused Nos.2 to 8 were working as auto drivers near Valliyoor bus stand. On 23/4/2008, the deceased came home for dinner. However, since no dinner was available at home, he went to Valliyoor bus stand at about 9.30 PM to buy food. The accused saw Bhagavathy and conspired to take him so that they can also indulge in unnatural oral sex with the deceased. Since the deceased refused to come along with the accused, A2 to A8 forced the deceased into the Maruti van, which was driven by A1. When the deceased threatened the accused that he would complain to the Police, the accused decided to do away with the deceased. On 24/4/2008 at about 1.00 AM, the accused dropped the deceased. At that time, A6 told the other accused that if they let the deceased go, he would complain to the Police and they would all be in trouble. Therefore, all the accused caught hold of the deceased and banged his head against a wall and when the deceased fell down, took a stone and crushed his head, as a result of which he died. Thereafter, with intention to screen the offence, they took the body of the deceased to a graveyard at Arasakulam and buried it. They had also burnt the dress of the deceased.