SIVA @ SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by Accused No.1, challenging the conviction and sentences imposed upon him vide judgment dtd. 12/12/2019 in S.C.No.32 of 2017, on the file of the learned Principal Sessions Judge, Puducherry.

(2.) (i) It is the case of the prosecution that the appellant and his mother (A2) entered into a conspiracy to do away with his father Selvaraj (hereinafter referred to as 'D1'), who constantly quarrelled with A2, in whose name a property stood and compelled her to transfer the property in his name, so that it could be transferred to his grandson Bharath Kumar (hereinafter referred to as 'D2'), who was born to his daughter-PW1; that pursuant to the said conspiracy on 15/4/2017 at about 9.00 a.m., the appellant caused the death of D1, by stabbing him with a knife, on his chest and abdomen repeatedly and when D2, tried to prevent the attack, the appellant stabbed him also, on his chest and abdomen, with the same knife; that A2 caught hold of D2 while the appellant attacked; that on 18/4/2017, both the accused in order to screen the offence, cut the bodies of D1 and D2 into seven and eight pieces, respectively, by using three knives and a pair of scissors and kept those pieces in seven numbers of polythene bags and thereafter, in seven numbers of gunny bags and threw all the gunny bags in a dump-yard near Pattanur Village, Vanur Taluk, by taking it in D1's motorcycle.

(3.) Heard, Mr.N.R.Elango, learned senior counsel appearing for the appellant/A1, and Mr.K.Mohandas, learned Public Prosecutor (Puducherry) appearing for the respondent/State.