RAJIV GANDHI @ MARIMUTHU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The 4th Additional District and Sessions Judge, Coimbatore has referred the case in S.C.No.344 for confirmation of the death sentence imposed on the accused Mr.Rajivgandhi @ Marimuthu (hereinafter referred to as the first accused). Mr.Rajivgandhi is the first accused and one Mr.Jothimani is the second accused in the case. As against the first accused, as many as three charges were laid for offences under Sections 302 (2 counts), 307 and 506(ii) IPC and as against the second accused, charges were laid for the offences under Sections 302, 307 and 506(ii) IPC r/w 109 and r/w 34 IPC. During the pendency of the trial, the second accused died and thus, the charges against him stood abated. The Trial Court proceeded with the trial as against the first accused alone. By judgment dated 30.03.2016, the Trial Court convicted the first accused under Sections 302 IPC (2 counts), 307 IPC and 506(ii) IPC. For the offence under Section 302 IPC 2(counts), the Trial Court imposed death sentence on the first accused; for the offence under Section 307 IPC to undergo imprisonment for life and for the offence under Section 506(ii) to undergo rigorous imprisonment for three years. The trial court has submitted the proceedings to this Court under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence. That is how, the Referred Trial No.1 of 2016 is before this Court. The first accused - Mr.Rajivgandhi @ Marimuthu has come up with Crl.A.No.315 of 2016 challenging the said conviction and sentence and that is how these two cases are before this Bench.

(2.) The case of the prosecution in brief is as follows:-

(3.) While so, on 11.02.2012 at about 6.00 p.m, the accused went to the house of the deceased and wanted them to give up their so called claim over the property, as he wanted to make some developments. They did not concede to the said request. This is stated to be the immediate motive for the occurrence. On the same day, at 8.00 p.m., P.W.1 - the son of D1, P.W.2 - the husband of D1, P.W.3- the son-in-law of D1, P.W.4 -the brother of D1 and P.W.5 - the daughter of D1, were in their house. At about 8.00 p.m., D1 and D2 were proceeding towards the above stated tamarind tree for the purpose of answering the nature s call. They were in possession of a torch light in their hand. At that time, the accused was also found moving towards the said direction with an Aruval. Therefore, P.Ws.1 to 3 and others followed him suspecting some possible foul play. On reaching D1 and D2, the accused started cutting them indiscriminately. P.W.5 her daughter intervened. The accused cut her also. The eye witnesses rushed towards him. On seeing them, the accused ran away from the scene of occurrence. They in fact made a chase, but could not get hold of him. They found D1 and D2 died instantaneously. P.W.5 was struggling for life with injuries. Then, P.W.1 with the help of others arranged for an ambulance and took them to the Government Hospital at Pollachi.