RAJADURAI Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No. 582 of 2013 is A.1 ; the appellant in Crl.A.No. 619 of 2013 is A.2 ; the appellant in Crl.A.No. 385 of 2013 is A.3 ; the appellant in Crl.A.No. 371 of 2013 is A.4 and the appellant in Crl.A.No. 350 of 2013 is A.5 in S.C.No. 130 of 2012 on the file of the learned Sessions Judge, Mahila Court, Chennai. The trial Court framed as many as six charges as detailed below :- <IMG>JUDGEMENT_397_LAWS(MAD)4_2016.jpg</IMG> By judgement dated 22.04.2013, the trial Court convicted all the accused under all the charges and sentenced them as detailed below :- <IMG>JUDGEMENT_397_LAWS(MAD)4_20161.jpg</IMG> The trial Court has ordered the sentences to run concurrently. Challenging the said conviction and sentence, the appellants are before this Court with these Criminal Appeals.

(2.) The case of the prosecution in brief is as follows :- The deceased in this case was one Mrs. Vimala. P.W. 1 is her husband. P.W. 1 was working as a Salesman in a private concern. The deceased was doing cloth business at her house itself. P.W. 1 was assisting her in the said business. It was the practise of P.W. 1 to leave the house for his work in the morning at 9.00 am and to return to his house around 6.30 pm. On 20.01.2012, in the usual course, P.W.1 had left the house for his work leaving the deceased alone at his house.

(3.) Thereafter, around 12.45 pm on the same day, the deceased called him over phone and informed that A.3 who was already known to the deceased and P.W. 1 had come to their house for the purpose of purchasing clothes in connection with a function at his house. The deceased further told that A.3 had selected the clothes and she gave the details of the items selected by him to P.W. 1. P.W. 1 calculated the price of those items and informed the deceased to collect Rs. 8,525.00 as the price for the clothes and to sell the same to A.3. Then within a short while, the deceased again called P.W. 1 over phone and informed that A.3 had taken only two shirts promising to visit again to purchase rest of the clothes. P.W. 1 instructed the deceased to sell the clothes to A.3 only after receiving the cost.