BASKARAN Vs. STATE

JUDGEMENT

(1.) THE appellants are A1 and A2 in S.C.No.82/1999 on the file of the Additional Court of Sessions (Fast Track Court) Vellore at Tiruppattur. Two more persons were tried in that sessions case along with the appellants for offences under sections 376(2)(g) 302 and 201 I.P.C. THE learned trial Judge acquitted A3 and A4 and the State had not challenged that judgment in a manner known to law. By the same judgment, the learned trial Judge convicted A1 and A2 under all the charges and accordingly, sentenced the appellants to undergo imprisonment for life together with a fine of Rs.5,000/-, carrying a default sentence, for the offence of murder 10 years rigorous imprisonment together with a fine of Rs.5,000/-, carrying a default sentence, for the offence of gang rape and 3 years rigorous imprisonment together with a fine of Rs.2,000/-, carrying a default sentence, for screening the offence. Hence they are before this court in this appeal. Heard Mr.AR.L. Sundaresan learned senior counsel appearing for the appellants and Mr. N.R. Elango learned Additional Public Prosecutor appearing for the State.

(2.) THE prosecution case is that at about 7.00 p.m on 21.10.1995, by force, all the four accused took the victim girl to a secluded place, where, she was raped and in the course of the same transaction, A1, by throttling the neck of the victim, caused her death. According to the prosecution, after committing the crime as referred to above and with a view to screen the offence, all of them took the dead body to the agricultural land of one Jayaraman left it there and therefore punishable under the various sections as referred to earlier. To prove their case, the prosecution examined P.Ws.1 to 26, besides marking Exs.P.1 to P.43 and M.Os.1 to 16. THE defence did not let in any oral evidence but marked Ex.D.1, the acknowledgement due, containing the signature of P.W.10. Admittedly, there are no eye witnesses to the occurrence. THE entire prosecution case revolves around Ex.P.7, the extra judicial confession, stated to have been given by A1 on 25.11.1995 to P.W.10 witnessed by P.W.11 and Ex.P.11, the extra judicial confession stated to have been given by A2 on 26.11.1995 to P.W.13 witnessed by P.W.14. P.W.1 is the elder brother of the deceased. He had only deposed on the educational qualification of his sister her employment details and as to how she used to go for work and come back home. He would then state that his sister, who left the house at 8.15 a.m. on 21.10.1995 for her work, did not return even by 6.30 p.m. on that day and therefore he went in search of her. All enquiries made by him did not yield any result. In the course of such search, they found a lady's bicycle abandoned and finding that the said bicycle belongs to his sister, they tried to pursue the matter further. But however, as it was very late in the night, they did not do anything else on that night. At 6.00 a.m. the following morning, they continued their search and en route, they found two hawai slippers belonging to his sister on the ground and a further search made, resulted in locating the dead body of the victim. P.W.1 noticed external injuries on his sister. P.W.1 gave a complaint to the police, which is marked as Ex.P.1. M.O.1 is the lady's bicycle and M.O.2 is the pair of slippers which his sister was wearing. P.W.2 only observed the dead body on the morning of 22.10.1995 when he came to know about it. P.W.3 also knows P.W.1 and his family. He observed the dead body of the victim in this case. He also noticed the injuries. P.W.4 is related to P.W.1. P.W.4 also observed the dead body on the next day.

(3.) P.W.10 is the Village Administrative Officer of Kadhili Village. At about 9.00 a.m. on 25.11.1995 when he was in his office talking with his friend (P.W.11), A1 came there and confessed that he along with Kumar (A4), Ravichandran (A2) and Jinnah (A3), murdered the victim girl after raping her and wanted to surrender. A1 was narrating the events, which P.W.10 reduced into writing. A1 made a disclosure that at about 8.00 p.m. on 21.11.1995, the victim girl was murdered and when P.W.10 asked him as to why he murdered, he answered that "he was possessive of the victim girl they used to travel in the same bus the victim girl refused the proposal when they were travelling in the bus, the accused pressed her legs, for which, she removed her slippers and showed angered at that, he conspired with his friends and at about 7.00 p.m. on 21.11.1995, when all the four were in the road, they saw the victim girl going in a cycle they intercepted her and bodily lifted her to a secluded place, where she was raped and fearing that she may expose the accused, she was murdered and then her body was thrown in a different place". As already stated, P.W.10 reduced into writing the narration of A1 and he had taken the signature of A1 in it. P.W.11 witnessed the preparation of the said statement by signing it. P.W.10 then took A1 to the Investigating Police Station and surrendered him along with his statement before the Inspector of Police. Ex.P.7 is the said statement. Later on, the Investigating Officer took this witness to the crime scene where, some sample earth was recovered under Ex.P.8 (mahazar). At that stage, he was treated as hostile. P.W.11 would state that when he went to see P.W.10, he found A1 talking with him about the murder of the victim girl. He would state that he does not know the full details. P.W.11 admitted his signature in Ex.P.7 and then P.W.11, P.W.10, A1 and others went to the Investigating Police Station where, P.W.11's signature was taken. At that stage, he was treated as hostile. P.W.25 was informed at 10.30 a.m on 25.11.1995 by the Sub-Inspector of Police in the Investigating Police Station that P.W.10 appeared before him along with A1 and accordingly, P.W.25 reached the police station at 11.15 a.m. where, he found A1 and P.W.10. He verified the statements made by them. A1 gave a voluntary confession statement, the admissible portion of which is Ex.P.40. Pursuant to the same, A1 took the police party to the crime scene and pointed out the place, for which, Ex.P.41, the rough sketch, was prepared. At 12.45 p.m., from the crime scene, some sample earth was recovered under Ex.P.42. At 1.45 p.m. A1 led the police party to his house, from where, he produced M.O.3 (diary) under a mahazar. At 2.45 p.m., A1 identified A4 and accordingly, A4 was also arrested and examined. A4 also gave a voluntary confession statement. P.W.25 examined P.Ws.10 and 11 by recording their statements. The recovered incriminating objects were sent to the court.