MOHAMMED MOIDEEN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No. 148 of 2000 on the file of the Court of Principal Sessions Judge, Virudhunagar at Srivilliputhur. THE accused is challenging the conviction and sentence imposed on the petitioner to undergo life imprisonment for the offence u/s. 302; one year Rigorous Imprisonment and Rs.500/- fine u/s. 364 of IPC, in default, one month simple imprisonment; and 6 months Rigorous Imprisonment and Rs.200/- fine u/s. 404 IPC in default 15 days simple imprisonment as per the Judgment dated 6.12.2001 in S.C. No. 148 of 2000 on the file of the Court of Principal Sessions Judge, Virudhunagar at Srivilliputhur.

(2.) THE facts that led to the filing of this Appeal are as follows: P.W. 3 is the mother of the deceased, Thava Mary, the eldest daughter. P.W.4 Thamizhselvi is her second daughter. Her third daughter is Anbu Selvi. THE husband of P.W. 3 Manivel is working in a hotel at Chennai. P.W.3 was residing with her three daughters in Keerani Village, Devakottai Taluk. THE deceased Thava Mary had studied +2 and was working in an "Aids Centre" at Karaikudi where the accused came into contact with her. THE accused was coming to the house of P.W. 3 and had contacts with the deceased Thava Mary. Three years before the occurrence, P.W.3 went to coolie work at 6.00 a.m. leaving her three daughters in the house. THE accused came to the house of P.W. 3 on 26.5.1998 at 1.00 p.m. and during that time, P.W.4 was also in the house. P.W.3 returned at 5.00 p.m. and when she enquired about the deceased, Thava Mary, P.W.4 informed that the accused came from Karaikudi and took Thava Mary with Transfer Certificate by stating that he would secure the job for Thava Mary. P.W.1 Arumugasamy, Chokkanathaputhur Village Administrative Officer (V.A.O.), when he was in the office, one Village Assistant of Duraisamypuram of Melur, by name, Devamanickam, came and informed him that in the North of Devipattinam Road, Periyakulam Kanmai one dead body of a female was lying. P.W.1 along with the Village Assistant, Vedamanickam went to Devi-pattinam Road and found the dead body and saw the blood coming from the mouth and nose and the deceased was wearing saree M.O.1, jacket M.O. 2, skirt M.O.3, one pair chappal M.O.4, covering stud M.O.5, wrist watch M.O.6, silver bangle M.O.7, silver ring M.O. 8, bangle M.O.9, silver chain M.O.10, rexin bag M.O.11, Transfer Certificate Ex. P.1, Community Certificate Ex. P.2, Certificate issued by the Village Development Office for Sewing Machine training Ex. P.3, Inland letters written to the deceased Thava Mary Ex.P.4 (series). In the Community Certificate, it is mentioned as Thava Mary daughter of Manivel, Keerani Village, Devakottai Taluk. THE deceased was working in Karaikudi "Aids Centre" and the accused was working in a tea shop. THE accused and the deceased got acquaintance in the month of "Thai". THE deceased came to the house of P.W.7. She got injured on her leg when she tried to climb a compound wall while playing with the children of P.W.7. THE accused and one Arumugam came to see the deceased Thava Mary. THE accused gave money and Arumugam gave Horlicks. THEreafter, the accused came three times to the house of P.W.7 to see the deceased Thava Mary. When he came on the last occasion, Thava Mary was not in the house and had left to her place Keerani. THE accused had taken P.W. 7's son Susairaj to the house of Thava Mary at Keerani. P.W.11 Karuppaiah, was residing at Devakottai. After work, when he was travelling in a bus proceeding to THEnkasi, P.W.11 Karuppaiah saw the deceased Thava Mary and the accused boarding the bus at 12.00 midnight, at Rajapalayam and getting down from the bus near Devipattinam vilakku at 1.30 a.m. He came to know about the death of Thava Mary from a news paper. He knows the deceased Thava Mary and that she belonged to Keerani village.

(3.) THE deceased Thava Mary as per the Post Mortem Ex.P.9, died of Asphyxia due to throttling. THErefore, her death was due to homicidal violence.