MOHAN MOHANDOSS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Referred Trial No. 2 of 1993 is a reference made by the First Additional Sessions Judge, Coimbatore for confirmation of death sentence, imposed under two counts on appellant Mohan alias Mohandoss, for abetment of murders of Gomathi, hereinafter referred to as D.1, and Mahalakshmi, hereinafter referred to as D-2. The appellant was also convicted under Section 392 read with Sections 397 and 109, I.P.C. for having abetted commission of robbery of certain pieces of jewellery worn by both the deceased. Appellant though found guilty, of this charge (two counts), no separate sentence was imposed in view of extreme penalty of law having been awarded for abetment of murder. Main offender Sivan could not be put up for trial, since it is stated, that he himself was the victim of murder sometime in March, 1992. Criminal Appeal No. 497 of 1993 is the appeal preferred by the appellant challenging the sustainability of his convictions and consequent awarding of extreme penalty.

(2.) This prosecution relates, to gruesome murder of two ladies, aged about 35 years and 39 years, who were working as Junior Assistants in Huzur Treasury, Coimbatore. All the more intriguing are these murders since it is alleged, that they were committed between 1.30 p.m. and 2.30 p.m. on a working day in the verandah adjacent to the ladies toilet, situated in the same building, where the two ladies were employed.

(3.) It is the definite prosecution case, that these murders for gain, had been committed during lunch on interval on 23.9.1991, for D-2 was available till about 1.00 p.m. in her section, of which P.W. 5, Ananthakrishnan, happened to be the Superintendent. D-1, Gomathi, did not attend office in the forenoon session, but reported for work at 1.30 p.m. on the occurrence day, to her Superintendent Doraivel, P.W. 7 left for lunch only after Gomathi (D-1) arrived for her work. On his return after lunch, P.W. 7 found D-1 missing from her seat and the neighbour of Gomathi (D-1) was unable to inform P.W. 7, as to the whereabouts of D-1. The hand-bag of Gomathi (D-1) was found in her seat. D-1 did not return to her seat till 6.00 P.M.