SUDHAKAR Vs. STATE REP. BY THE INSPECTOR OF POLICE, MEENAMBAKKAM AIRPORT POLICE STATION, CHENNAI. [CRIME NO. 105 OF 2003]

JUDGEMENT

(1.) The appellants in Crl.A.No.406 of 2014 are Accused Nos.1 to 3 and the sole appellant in Crl.A.No.397 of 2014 is Accused No.4 in S.C.No.694 of 2005 on the file of the learned Additional Sessions Judge, Chengalpattu. The trial court framed as many as eight charges against the accused as detailed below:- <FRM>JUDGEMENT_241_LAWS(MAD)9_2016_1.html</FRM> The trial court, by judgement dated 17.07.2014, convicted and sentenced the accused under various penal provisions as detailed below:- <FRM>JUDGEMENT_241_LAWS(MAD)9_2016_2.html</FRM> Challenging the above said conviction and sentences, A1 to A3 have come up with Criminal Appeal No.406 of 2014 while A4 has come up with Criminal Appeal No.397 of 2014.

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Ganesan. P.W.2 was owning a Toyota Qualis bearing Regn. No.TN 09 AA 0771. The deceased was working as driver under P.W.2 driving the said car as a taxi. P.W.3 was also a tax driver who was operating the taxi from the taxi stand at Meenambakkam Airport in Chennai. A1 to A3 were already known to P.W.3. On 12.07.2003, around 08.30 p.m. A1 to A3 approached P.W.3 at the taxi stand and wanted a toyota qualis car with air condition to go to Ulundurpet. Since P.W.3 did not have qualis car with air condition, he contacted Modern Travels at Pallavaram. P.W.1 was the proprietor of the said travel agency. P.W.3 told P.W.1 that some people are coming from Singapore and they wanted a qualis car with A/C for hire. P.W.1, in turn, contacted the deceased and fixed his car bearing Regn. No.TN 09 AA 0771. The deceased came with the said car to the travel agency run by P.W.1 at Pallavaram. From Pallavaram, P.W.1 and P.W.32 went in the same qualis car driven by the deceased to Meenambakkam Airport. At the airport, A1 to A3 were present in the taxi stand. P.W.3 told P.W.1 that these three accused were to go to Ulundurpet in the car. P.W.1 as well as the deceased agreed. A1 to A3 go into the said qualis car. P.W.1, P.W.3 and P.W.32 also got into the car. The deceased drove the car up-to a petrol bunk at Pallavaram and filled fuel for Rs.2,000.00. A1 gave a cash of Rs.2,000.00 for the same. Then, P.W.1, P.W.3 and P.W.32 got down from the car and returned to their respective destinations. The car started towards Ulundurpet driven by the deceased. A1 to A3 travelled in the car. It was around 10.30 p.m. on 12.07.2003.

(3.) Out of the said witnesses, P.W.9 to 13, 18 to 21, 23, 24 and 36 have turned hostile and they have not supported the case of the prosecution in any manner. P.W.1, the owner of the travel agency, P.W.3, a driver operating taxi at Chennai Airport taxi stand and P.W.32 have stated that on 12.07.2003, the deceased filled fuel at a petrol bunk at Pallavaram, drove the qualis car carrying A1 to A3 towards Ulundurpet. They have further stated that thereafter neither the car nor the deceased was found. A1 to A3 also were not found. P.W.2, the owner of the qualis car has stated about the missing of the car and the driver [the deceased]. P.Ws.4 and 5, the wife and the sister respectively of the deceased have also stated about the missing of the deceased and the car. P.W.6 has spoken about the preparation of the observation mahazar and the rough sketch by the police at the place of occurrence.