APPU @ RAJENDRA Vs. STATE

JUDGEMENT

(1.) The appellant is the third accused in S.C.No.33 of 2010 on the file of Principal Sessions Court, Vellore District, at Vellore. Including the appellant, there are five accused in this case. The trial Court framed as many as five charges against the accused under Sections 341, 302, 302 read with 34 & 109 and 120-B IPC. By judgment, dated 11.11.2013, the trial Court acquitted the accused 1,4 and 5 from all the charges, however, convicted the accused 2 and 3 under Sections 341 and 302 IPC alone. The trial Court sentenced the second accused to undergo rigorous imprisonment for one month and pay fine of Rs.500.00, in default, to undergo rigorous imprisonment for one week for the offence under Sec. 341 Penal Code and to undergo imprisonment for life and pay fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for three years for the offence under Sec. 302 IPC. The trial Court sentenced the third accused/appellant herein to undergo rigorous imprisonment for one month and pay fine of Rs.500.00, in default, to undergo rigorous imprisonment for one week for the offence under Sec. 341 Penal Code and to undergo imprisonment for life and pay fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for three years for the offence under Sec. 302 read 34 IPC. Challenging the said conviction and sentence, the second accused filed Criminal Appeal No.761 of 2013. Pending the said appeal, the second accused Mr.Mahalingam died and, thus, the said appeal was dismissed as abated, by a judgment, dated 23.06.2016. As against the conviction and sentence imposed on the third accused, he has come up with the

(2.) The case of the prosecution, in brief, is as follows : The deceased in this case was one Mr.John Sekar. He was employed as a Public Relations Officer in C.M.C.Hospital, Vellore. Apart from his work as P.R.O., he was also given additional charge in "After Life Services Department". The said service was meant to arrange for vehicles to transport dead bodies to the respective places from the C.M.C. Hospital.The first accused was plying ambulances at Vellore. The deceased used to engage the said ambulances from the first accused for transporting dead bodies. The deceased received complaints from the customers that the ambulance drivers under the first accused demanded and collected more fare than what was fixed by the deceased. The deceased questioned the first accused about the same. Because of the same, the deceased stopped engaging the ambulances from the first accused. On account of the same, the first accused incurred huge loss in the business. He felt that the same was because of the deceased. Thus, he developed a grudge against the deceased.

(3.) In due course of time, the first accused decided to do away with the deceased. He sought the help of A-5 to execute the said plan. A-5 introduced A-1 to A-2. A-2 demanded huge money for the said purpose. A-1 assured to give any amount and also to provide a car for the said purpose. The first accused paid a sum of Rs.15,000.00 to A-5 as advance to execute the murder of the deceased. A-5 received the said amount from A-1 and handed over the same to A-2. A-3 and A-4 are the associates of A-2. A-2 to A-4 thus received the said amount. All these things occurred on 08.03.2009 at 07.00 p.m., near the Tasmac wine shop at Vellore. According to the case of the prosecution, the accused 1 to 5 conspired to commit murder of the deceased.