MURUGAN Vs. STATE

JUDGEMENT

(1.) ONE Ravikumar @ Kundu Ravi (A1) in Sessions Case No. 354 of 2000 on the file of Additional District Judge (Fast Track Court No. I)Chingleput, who suffered the punishment of life imprisonment and fine of rs. 1,000/-, in default six months rigorous imprisonment, has filed Criminal appeal No. 1370 of 2003. The second accused, viz. , Murugan in the same sessions Case questioning his conviction under Section 376 (g) read with 34 ipc and sentence to undergo 10 years rigorous imprisonment and fine of rs. 1,000/-, in default six months rigorous imprisonment, has filed Criminal appeal No. 1016 of 2003. The third and 4th accused who suffered imprisonment of 10 years and 4 years respectively have not filed appeal.

(2.) THE case of the prosecution is briefly stated hereunder: (a) The deceased Rajeswari, on 28. 05. 1999 morning went to Madras christian College to get an application form for the college admission. Since she did not return home, PW. 15, mother of the deceased, went in search of her and enquired her daughter's friend PW. 7. PW. 15, on 30. 05. 1999, gave a complaint to Tambaram Police Station and the same was registered as "girl missing". (b) On 02. 06. 1999, at about 01. 30 p. m. PW. 3, Watchman of Madras christian College saw a dead body in a highly decomposed status in the campus near pumping station and water tank. He immediately informed about the same to PW. 2, who is the Security Officer of Madras Christian College. PW. 2, in turn informed PW. 1, Bursar and he lodged a report before PW. 24, Sub-inspector of Selaiyur Police Station, who registered the complaint as First Information report under Section 174 Crl. P. C. in Crime No. 339 of 1999. (c) PW. 26, the Investigating Officer in charge took up the investigation and examined the witnesses. On 04. 06. 1999, he sent the body for post mortem to PW. 11 through Ex. P7. PW. 11, conducted autopsy and gave a report Ex. P8 on 07. 06. 1999. PW. 26, seized bangles through Form 9 5 i. e. , mos. 1 and 2 and took photographs of the body and sent the photo and skull for superimposition. PW. 27 took up the investigation on 16. 06. 1999. (d) A. 4 on 06. 07. 1999 at 12. 30 p. m. went to PW. 8, who is a friend of his father and gave extra judicial confession saying that on 28. 05. 1999, he along with A. 1 to A. 3 went to Madras Christian College water tank area to have drinks and at that time, they noticed a girl of 17 years going inside the campus and A. 1 asked shall we rape her. On the direction of A. 1, all the four agreed and way-laid the deceased, took her to nearby water tank and raped her one by one. When A. 1 was raping, she gave alarm due to pain and at that time, a. 1 strangulated her and she died. Then they kept the body on the footpath. After two months, he saw the news in the paper and from that time he became restless and decided to surrender to the police. When PW. 8 asked him to surrender, he refused and ran away. PW. 8 gave a complaint on the same day at 12. 00 noon at the Selaiyoor Police Station. The complaint has been marked as ex. P. 3. (e) On the same day at 3. 30 p. m. A. 4 was arrested in the presence of pw. 18 and PW. 21 and his confession was recorded (Ex. P. 55 ). On recovery of mo. 4 cap under mahazar Ex. P. 56. A. 1 and A. 2 were arrested on the same day at 5. 15 p. m. in the presence of PWs. 14 and 19. A. 1 gave confession (Ex. P. 15)and Mos. 5 and 11 were recovered under mahazar Ex. P. 57. A. 3 surrendered on 09. 07. 1999 at 02. 30 p. m. He gave confession (Ex. P. 12) before PW. 13 and recovered long size note book Ex. P. 13 under mahazar Ex. P. 14. A. 4 gave a statement under Section 164 Cr. P. C. before Judicial Magistrate, Alandur, pw. 9 on 13. 07. 1999 and the same was recorded in Ex. P. 5; thereafter, charge sheet was laid.

(3.) WHEN the accused were questioned under Section 313 Cr. P. C. with reference to the incriminating circumstances found against them, in the evidence of prosecution witnesses, they denied the same. Accused have not examined any witness on their side.