SIVAMANI Vs. STATE

JUDGEMENT

(1.) The instant criminal appeal has been filed against the order of conviction passed in S.C.No.243 of 2016 dtd. 6/2/2018, in and by which, the appellant was convicted under Ss. 364, 302 and 201 of IPC and sentenced to undergo life imprisonment.

(2.) The prosecution story is that, one Suresh Kannan is the brother of the deceased Selvam. The accused is Suresh Kannan's co-brother's son. Since, both the accused and the deceased were relative, they became friends. While so, there was a loan transaction between the deceased and the accused. According to the prosecution, the accused borrowed a sum of Rs.45,000.00 from the deceased, and when this was demanded from the accused for the marriage of his sister PW4 Monisha, the accused could not repay. But the deceased was persistent in demanding the said money, which caused the accused to carry a grudge against the deceased.

(3.) While so, on 28/1/2016, at about 08.30 pm, the deceased went to the accused house to receive the amount, whereby the accused by machination, took him to his field under the pretext of consumption of alcohol. After that, the deceased again started demanding the loan amount. Enraged by such conduct, the accused planned to do away the deceased and attacked the deceased with a wooden log. Due to the attack, the deceased lost his control, and believing the deceased to have died, he decided to bury him. While he was digging a grave, the deceased started screaming, and therefore, the accused again attacked him indiscriminately with the spade. After that he dumped the deceased body in the pit and vanished.