RAJU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellants are accused 1 to 3 in S.C. 137 of 87 in the Court of Session, Ramanathapuram Division, Madurai. Three charges were framed against them in the trial court on the allegation that at about 2.30 A.M., on 20.9.1986 in the house of deceased Chittammal of Mullikundu Street, Kalayarkoil, they committed her murder in furtherance of their common intention by A 1 Raju pressing a pillow on her face, while A 2 Gopal and A 3 Magudan caught-hold, of her. The first charge against all the three accused was one under section 302 read with 34, I.P.C. The second charge was against A 1 Raju alone under section 404 I.P.C., for dishonestly misappropriating gold MangalyamT of the deceased at the time of her death. The third and fourth charges were under section 201 I.P.C., for causing disappearance of the evidence of the said offence a.nd giving false information to screen the offenders.

(2.) The prosecution examined 12 witnesses, filed 16 Exhibits and marked 10 Material Objects to substantiate the abovesaid charges. Of the witnesses examine, P.W. 4 Baghavathy turned hostile. The evidence on record discloses these facts: A 1 Raju, A 2 Gopal and one Bharathy are brothers of deceased Chittu alias Chittammal. P.W. 1 Ocha Thevar is the husband of deceased Chittu alias Chittammal. He suspected that P.W. 2 Pandi was having illicit relationship with his wife Chittu. P.W. 3 Chinnaponnu is the resident of the same street. Both Chittu and P.W. 2 Pandi used to visit her house occasionally. Whenever they came there, they would engage in conversation. P.W. 3 Chinnaponnu one day warned Chittu not to come to her house, since people are talking scandalously about her and P.W. 2 Pandi. P.W. 2 Ocha Thevar and Chittu used to quarrel on account of the suspicion entertained by P.W. 2. A 1 Raju also chastised his sister Chittu for having illicit relationship with P.W. 2 Pandi.

(3.) On 19.9.1986 Friday when P.W. 1 Ocha Thevar returned home, deceased Chittu com., plained to him that her brother Bharathy came there at 2 P.M., on that day and committed nuisance. Thereupon P.W. 1 went to Kalayarkoil Police Station and gave Ex. P 9 complaint against A 1 Raju and his brother Bharathy. The Head Constable sent for the accused and enquired them. P.W. 11 Sub Inspector filed charge-sheet against them on the basis of the complaint in S.T.R. Nos. 56 and 57 of 86 under section 299 LP.C. Ex. P. 10 is the extract of this register. On that night, after 12 P.M., P.W. 1 Ocha Thevar was taking tea in SingaramTs tea stall. A 2 Gopal and A 3 Magudan came there and told them that Chitta wanted a cup of tea. This witness purchased tea and gave it to them. Then he got into a lorry and went to Madurai. On the early hours of 20.9 .1986 P.W. 3 Chinna Ponnu came out of her house to attend calls of nature. A 2 Gopal and A 3 Magudan told her that Chitta had expired. In the meantime, when P.W. 1 Ocha Thevar was proceeding near Sivagangai, he saw one Eganathan carrying a dead body in his cycle near Sivagangai. A 3 Magudan was running behind the cycle. This witness got down from the bus and followed them. There, he was told that his wife had committed suicide by hanging. On the same night P.W. 7 had seen A 1 Raju, A 2 Gopal and A 3 Magudan talking near a bridge.