SARASWATHI Vs. STATE OF MADRAS

JUDGEMENT

(1.) C.A. No. 662 of 1986 is directed by accused 3, 5 and 7 in S.C. No. 134 of 1985 on the file of the II Additional Sessions Judge, Salem, while C.A., No. 669 of 1986 is directed by accused 1 and 4 and C.A. No. 671 of 1986 is directed by the second accused in the above case. C.A. No. 985 of 1986 is by the State against the order of acquittal of accused 1 to 4 in respect of certain charges framed against them. The appellants in C.A. Nos. 662, 669 and 671 of 1986; hereinafter referred to as accused according to their rank given before the lower court, were tried under nine charges under sections 120B, 364, 302, 120B read with sections 302, 201, 201 read with section 120B, 201 read with section 114 or 109, 404 and 193 I.P.C. on the allegation that in between 5.4.1984 and 15.4.1984 at Mettur and Salem Town in Salem District and at Vemandapalayam and Nambiyoor in Periyar District all the seven accused hatched a criminal conspiracy in order to murder the deceased Selvi Kala, and in pursuance of, the said conspiracy, all of them abducted her at about 7 A.M. on 13.4. 1984 from Sales to Nambiyoor, and on the next day (14.4.1984) at 8 P.M. thiopentone medicine was administered to her by means of injection in the clinic of the second accused and as a result of the same she died. Accused 3,5 and 7 committed theft of jewels and watch worn by the said Kala. In order to cause disappearance of murder and to screen the offence and escape from the legal punishment, all the accused threw the dead body in the Lower Bavani Canal. The first accused made false entries in the records maintained in his police station. To substantiate the above charges, the prosecution examined P. W s. 1 to 91, filed Exs. P1 to P244 and marked M.Os. 1 to 57. K.M. Natarajan, J. - C.A. No. 662 of 1986 is directed by accused 3, 5 and 7 in S.C. No. 134 of 1985 on the file of the II Additional Sessions Judge, Salem, while C.A., No. 669 of 1986 is directed by accused 1 and 4 and C.A. No. 671 of 1986 is directed by the second accused in the above case. C.A. No. 985 of 1986 is by the State against the order of acquittal of accused 1 to 4 in respect of certain charges framed against them. The appellants in C.A. Nos. 662, 669 and 671 of 1986; hereinafter referred to as accused according to their rank given before the lower court, were tried under nine charges under sections 120B, 364, 302, 120B read with sections 302, 201, 201 read with section 120B, 201 read with section 114 or 109, 404 and 193 I.P.C. on the allegation that in between 5.4.1984 and 15.4.1984 at Mettur and Salem Town in Salem District and at Vemandapalayam and Nambiyoor in Periyar District all the seven accused hatched a criminal conspiracy in order to murder the deceased Selvi Kala, and in pursuance of, the said conspiracy, all of them abducted her at about 7 A.M. on 13.4. 1984 from Sales to Nambiyoor, and on the next day (14.4.1984) at 8 P.M. thiopentone medicine was administered to her by means of injection in the clinic of the second accused and as a result of the same she died. Accused 3,5 and 7 committed theft of jewels and watch worn by the said Kala. In order to cause disappearance of murder and to screen the offence and escape from the legal punishment, all the accused threw the dead body in the Lower Bavani Canal. The first accused made false entries in the records maintained in his police station. To substantiate the above charges, the prosecution examined P. W s. 1 to 91, filed Exs. P1 to P244 and marked M.Os. 1 to 57.

(2.) The case of the prosecution as disclosed from the oral and documentary evidence, which is necessary for the disposal of these appeals, can be briefly stated as follows: - The first accused was the Sub Inspector of Police attached to Mettur Police Station. The second accused was a registered medical practitioner possessing M.B.B.S. degree having passed in First Class and running a nursing home at Nambiyoor. The third accused apart from being a neighbour of the second accused is also a procurer of patients for the second accused. The fourth accused is the Village Administrative Officer and he married the cousin of the first accused. The fifth accused is a patient in the nursing home of the second accused and is a relation of the third accused. The sixth accused is the compounder under the second accused. The seventh accused is the husband of the third accused. P.W. 1 is the elder brother of the deceased Kala. P.W. 49 is the younger brother of the deceased. The deceased was working as a Woman Grade I constable at Mettur Police Station.

(3.) According to the prosecution, the first accused was having an affair with the deceased Kala and they visited together about 9 or 10 places and stayed in lodges and hotels, both on days and nights. They had gone upto Kanyakumari in the south and Yercaud in the north. All the while the first accused did not know that the deceased belonged to a lower caste. When the deceased got pregnant, the first accused wanted to abort. The deceased refused to do so since she had a desire to marry the first accused. It is stated that because of this the first accused is said to have conspired with the other accused to get rid of the deceased. As regards their visit and stay, it is the case of the prosecution that the first accused was in the habit of engaging the cars from P.W. 6 who was running Madurai Tourist Centre at Salem. P.Ws. 2, 7, 8 and 9 were all drivers in the above concern.