LOGANATHAN Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.41 of 2017 is Accused No.1 and the appellants in Crl.A.No.34 of 2017 are Accused Nos.2 to 5 in S.C.No.135 of 2014 on the file of the learned V Additional Sessions Judge, Chennai. The trial court framed as many as four charges against all the five accused. The first charge was under Section 147 of IPC; the second charge was under Section 364A r/w 149 of IPC ; the third charge was under Section 323 of IPC; and fourth charge was under Section 342 of IPC. By judgement dated 09.12.2016, the trial court convicted A1 to A5 under Section 364 r/w 149 of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1,000/- each in default to undergo simple imprisonment for three months, but, however, acquitted all of them from the charges under Sections 147 , 323 and 342 of IPC. Challenging the said conviction and sentence imposed for the offence under Section 364A r/w 149 of IPC , A1 to A5 have come up with these criminal appeals in Crl.A.Nos.34 and 41 of 2017. Challenging the acquittal of A1 to A5 from the charges under Section 147 , 323 and 342 of IPC, the victim has come up with Crl.A.No.67 of 2014. That is how, all these three appeals are before this court for disposal.

(2.) The case of the prosecution in brief is as follows: P.W.2 is the daughter of P.W.1. She was hardly aged 21 years at the time of occurrence. She was studying B.Tech., final year course in SRM Engineering College at Kattankolathur during the year 2013. P.Ws.1 and 2 along with their other family members were residing at their own house at 12th Cross Street, Shastri Nagar, Adayar, Chennai. P.W.2 used to go every day in the morning in the college bus from Adayar to Kattankolathur and to return in the evening in the college bus. The college bus used to make a stop near Mahindra Tyres shop at M.G. Road. As usual on 23.12.2013, she went to the college in the college bus. In the evening she returned from her college in the college bus and got down at the Mahindra Tyres Bus Stop at M.G. Road from where around 06.00 p.m. she was proceeding towards her house on walk. When she was so walking, she received a phone call through her cellphone from her boyhood friend (P.W.13). When she was walking along the 11th Cross Street, Sasthri Nagar, Adayar, and when she was nearing Thendral Apartment, she found a car coming towards her in the wrong side. Yet another person was coming on walk towards the said place speaking to someone through his cellphone. The car came near P.W.2 and stopped. Suddenly, the person who was walking opened the back door of the car and pushed P.W.1 into the car. Yet another person who was already in the car pulled her inside the car. They made her to lie between the front and back seat of the car. One person stamped her with legs. When she raised alarm, the one, who pushed her into the car, kept a open knife on her neck and threatened of dire consequences if she raised alarm. Out of fear, she did not raise alarm. The car then started.

(3.) It is the case of the prosecution that the person who pushed P.W.2 into the car is A1 and the person who pulled her into the car is A2. A4 was the driver of the car. It is the further case of the prosecution that A2 and A3 inserted hand kerchief into her mouth and kept P.W.2 under fear of death and prevented her from raising any alarm. The car proceeded to Tharamani. A3 and A5 were waiting for them at Tharamani. A3 and A5 got into the car at Tharamani. Then, the car proceeded further with A1 to A5 and P.W.2.