PALANI Vs. STATE

JUDGEMENT

(1.) The accused in S. C. No. 15 of 1986 on the file of the learned Sessions Judge, Chinglepet, has preferred this appeal challenging the legality and correctness of the conviction under S. 302, I.P.C. and sentence of imprisonment for life, conviction under S. 376, I. P.C. and sentence of rigorous imprisonment for ten years and also the conviction under S. 201, I.P.C. and sentence of rigorus imprisonment for three years. The sentences were directed to run concurrently. The appellant was tried for all the above charges on the allegation that on 8-11-1984 at about 8.00 a.m. in the bush lying in the reserve forest at Mannur, the accused Palani committed rape on Sangunthala and during the course of the same transaction he caused the death of Sangunthala by tightening her neck with her saree and threw the body in the bush in order to screen the offence of murder. To substantiate the above charges, the prosecution has examined P.Ws. 1 to 13 filed Exs. P1 to P43 and marked M.Os. 1 to 23.

(2.) The case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows :

(3.) On the date of occurrence viz., on 8-11-1984 the deceased took food in M.O. 6. tiffin box and kari kuzhambu (sauce) in M.O. 8 horlicks bottle, putting both of them in a plastic wire bag M.O. 6 and left the house at about 7.00 a.m. On that day, she was proceeding to the Noon Meal Centre through the usual pathway. She was wearing the plastic chappals M.O. 4 series, M.O. 1 saree, blouse M.O. 2 and skirt M.O. 3 and Aluminium Bangles M.O. 5 series. She took M.O. 9 bottle with her for the purpose of purchasing oil and a polythene cover M.O. 10 to protect her body in case of any rain. At the time of leaving the house she informed P.W. 1 that she would go to the Panchayath Union Office, Sriperumbudur, to receive salary and if time permits, she would return on the same day; otherwise she would come on the next day after attending her work in the Noon Meal Centre.