GOPAL ALIAS ARUNTHAVA SELVAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed, against the convictions and sentences imposed, on Gopal @ Arunthavaselvan, for murder/life imprisonment and theft / 3 years R.I., in S.C. No. 7 of 1987 on the file of the 9th Additional Sessions Judge, Madras. Though the second charge was framed under Section 392 read with Section 397 IPC, conviction was recorded only under Section 380 Indian Penal Code. It is the prosecution case, that at or about 2 p.m. on 12-7-1986, in room No. 307 Bagiyam House Lodge, No. 1l. Sunkurama Chetti Street, Madras-1, appellant caused the death of deceased Vizhaka Raja by squeezing his testicles and thereafter committed theft of his gold dollar chain worth about Rs. 8,000/-. Appellant, deceased and P.W. 4 Ravikandh, an Engineering student, are Sri Lankans. appellant and deceased were friends. P.W. 4 knew both of them. It is in evidence, that Vizhaka Raja was in the habit of periodically arriving into this Country, obviously with smuggled goods, to sell them away. Similarly he used to take away from this Country, certain goods, for sale in Sri Lanka.

(2.) Deceased, during his visits to Madras, used to stay in Bagiyam House Lodge, which was managed by P.W. 1 Deva Anbu. P.W. 2 Gopalakrishnan was employed as an Assistant Manager in the said Lodge, While P.W. 3 Mathiazhagan was engaged as a room boy. P.W. 5 Suresh, was a Sanitary worker in the very same Lodge. All those witnesses knew the appellant and the deceased.

(3.) On one of those useful jaunts, deceased hired a room in Bagiyam House Lodge at 5.30 a.m. on 9-7-1986. Since deceased Vizhaka Raja was a known customer, no advance was demanded, for his lodging. Room No. 306 was allotted to him. In Lodge register Ex. P.3 at page 201, deceased has signed, to indicate allotment of room No. 306 to him. Next morning at 10.00 a.m. Vizhaka Raja informed the management of the lodge that he intended to stay for 3 days and offered an advance of Rs.120/-. A receipt was issued to him, the counterfoil of which is Ex. P. 5. Receipt of the said advance has also been entered at page 187 of Lodge chitta Book, marked as Ex. P.7.