LAWS(MAD)-2024-1-97

NANDAKUMAR Vs. STATE

Decided On January 29, 2024
NANDAKUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) These Criminal Appeals have been filed by the Accused 1 and 2, challenging the Conviction and Sentence imposed upon them vide Judgment, dtd. 16/4/2018 in S.C. No.264 of 2016 on the file of the learned III Additional District and Sessions Judge, Salem.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) (i) It is the case of the Prosecution that A1 and A2 are close Friends; that both belong to the same Taluk; that A1 was an Agriculturist and also driving an Omni Car for hire; that A2 is a Two-wheeler mechanic and that both of them were addicted to drinks; that A1 used to visit his sister's house viz., Nithya, which is situated near the house of the deceased; that on coming to know that the deceased was staying alone in her house A1 decided to commit robbery; that on 22/10/2015, A1 took the bike belonging to his Friend bearing Regn.No.TN-52-D-8795, parked the vehicle in front of deceased's house and was lying down in the veranda; that the deceased (who was partly blind) came out of the house in the early morning and mistook A1 for her grandson-Sarath Kumar and asked A1 to go inside the house; that A1 used the opportunity and entered the house and caused the death of the deceased by strangulating her; and that thereafter, taking the Gold Chain weighing 28 grams, he took the Motor Bike to the Shop of A2, who changed the red colour seat cover to black colour and removed the sticker in the Bike.