THANGARAJ Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the appellants three in number, who stood charged and found guilty by the learned Principal Sessions Judge, Cuddalore, as stated below. (1) A-1 was charged under Sections 302 and 506(II)(2 counts) of I.P.C., found guilty as per the charges and sentenced to undergo life imprisonment and also to pay a fine of Rs.500/- in default of which to undergo Rigorous Imprisonment for six months, under Sec.302 of I.P.C. and also sentenced to undergo Rigorous Imprisonment for six months under Sec.506 (II) of I.P.C. under each count. (2) A-2 was charged under Sections 302 read with 34 and 506(II) of I.P.C., found guilty as per the charges and sentenced to undergo life imprisonment and also to pay a fine of Rs.500/- in default of which to suffer Rigorous Imprisonment for six months, under Sec.302 read with 34 of I.P.C. and also sentenced to undergo Rigorous Imprisonment for six months under Sec.506 (II) of I.P.C. (3) A-3 was charged under Sec.302 read with 34 of I.P.C., for which she was sentenced to imprisonment for life and also to pay a fine of Rs.500/- in default of which to undergo Rigorous Imprisonment for six months.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: THE deceased, Kaliyan, was the husband of A-3. A-1 is the brother and A-2 is the father of A-3. P.W.2 is the niece, while P.W.3 is the daughter of the deceased. A-3, her husband, the deceased, and P.Ws.2 and 3 were all living under the same roof. A-1 and A-2 were also living nearby. It is the usual practice of the deceased to come in a drunken mood during night hours and beat his wife, A-3. THEn and there, she used to complain about the same to A-1 and A-2 who in turn, used to warn the deceased. On the previous day of occurrence namely 18.10.2000, as usual, in the evening hours, he came in a drunken mood and on that day also, he beat A-3, which was reported to A-1 and A-2. All of them took a decision to do away with him. On 19.10.2000 at about 1.00 A.M., when P.Ws.2 and 3 were sleeping inside the house, the accused came inside and asked them to go out; but, they refused. Immediately, A-1 sat on the chest of the deceased and throttled him. A-2 squeezed the testicles and A-3 was by their side. After finishing the crime, they went away. This was witnessed by P.Ws.2 and 3. A-3 and P.Ws.2 and 3 were sitting outside because they were intimidated by A-1 and A-2 that P.Ws.2 and 3 should not open their mouth. P.W.3 due to fear, informed to P.W.4, a nearby shop owner, who in turn, informed to P.W.5, the Village Menial, at about 9.00 A.M. He informed to P.W.1, the Village Administrative Officer, who went over to the place of occurrence and found the dead body of Kaliyan. THEn, he proceeded to Cuddalore O.T. Police Station, where P.W.12, the Sub Inspector of Police was present. At about 1.45 P.M., P.W.1 gave a report, Ex.P1, to P.W.12, on the strength of which a case came to be registered in Crime No.1090 of 2000 under Sec.174(3) of Cr.P.C. Ex.P11, the printed First Information Report, was despatched to Court.

(3.) IN order to substantiate the charges levelled against the accused, the prosecution marched 13 witnesses and relied on 15 exhibits and 4 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they denied as false. No defence witnesses were examined. On hearing the arguments advanced by either side, the trial Court found the appellants/accused guilty as per the charges, and awarded the punishments referred to above. Hence, this appeal at the instance of the appellants.