PALANISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been brought forth by the appellants, who are two in number, who stood charged before the trial court. A-1 and A-2 were charged under Sections 302 read with 34, 392 (I) read with 34 and 201 (I) IPC and they were found guilty as per the charges and while awarding life imprisonment under the first charge, they were sentenced to five years rigourous imprisonment and three years rigourous imprisonment under the second and third charges respectively. A-1 and A-2 each were directed to pay a fine of Rs. 1,000/= under charge No. 2 and Rs. 1,000/= each under charge No. 3 and in default to undergo one year rigourous imprisonment under each charge. The appellants have brought forth this appeal challenging the said conviction and sentence.

(2.) THE short facts necessary for the disposal of this appeal are as follows :-P. W. 1 is the adoptive father of the deceased, Kalaiarasi, aged twelve years. P. W. 4 is the adoptive mother. The accused belong to the same village. P. W. 1 had a first wife and she was living with her two children separately. P. W. 1 and P. W. 3, the village nattami, used to do panchayat in the village. While doing so, there was a dispute by one Magudeeswari with others. The panchayat came to a decision and the same was adumbrated to which course the said Magudeeswari was not amenable and, hence, it was informed that she should not come for panchayat thereafter. Shortly thereafter there was a temple festival for which P. W. 1 and others went for collection to Magudeeswari, but she refused to make any payment. A day prior to the date of occurrence (i. e.) on 16. 6. 94 there was a quarrel between P. W. 4 and the said Magudeeswari and her family members. When P. W. 1 interfered she slapped him with a chappal. He was prepared to give a complaint, but he withdrew the same.

(3.) ON 13. 6. 94, as usual the deceased Kalaiarasi went to school. P. W. 1 was in the house. During noon hours she returned home telling that half a day was declared as holiday and she started playing in the back side of the house. P. W. 1 and others went inside the village doing some chorus in view of the village matters. At about 2. 30 p. m. , P. W. 4 returned home and found the deceased Kalaiarasi missing and she sent word to P. W. 1, who was in the temple. On coming to know about the missing of the deceased Kalaiarasi, P. W. 1 also returned home at 5. 00 p. m. At about that time P. W. s 1 and 4 were informed that there is a crowd gathered nearby in the village field. When they went there they saw the dead body of Kalaiarasi on which thorny bushes were placed. On seeing the same, P. W. 1 rushed to the Dhali police station, where the head constable, P. W. 9 was on duty. P. W. 1 launched a complaint, which stands marked as Ex. P-1 on the strength of which a case came to be registered in crime No. 131/94 under Section 302 IPC. The printed first information report, Ex. P-8 was sent to court immediately. P. W. 10, the Inspector of Police was also informed.