LAWS(MAD)-2016-3-233

ELLAPPAN Vs. STATE

Decided On March 01, 2016
ELLAPPAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant is the 1st Accused in S.C.No.90 of 2010 on the file of the learned Additional Sessions Judge, Krishnagiri, Krishnagiri District. One Mr.Gopal @ Rajagopal was the 2nd Accused. The trial court framed as many as three charges against the accused. The first charge was under Section 302 of IPC against A1; the second charge was under Section 302 r/w 109 of IPC ; and the third charge was under Section 201 r/w 302 of IPC against both A1 and A2. By judgement dated 10.08.2012, the trail court convicted A1 under Sections 302 and 201 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/ - in default to undergo rigorous imprisonment for a further period of five months for offence under Section 302 of IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/ - in default to undergo rigorous imprisonment for one month for offence under Section 201 of IPC. Both the sentences have been ordered to run concurrently. However, A2 was acquitted from both the charges. Challenging the said conviction and the sentence, A1 is, now, before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows: - The deceased in this case was a minor boy, by name, Pradeep Kumar. P.W.3 is the mother of the deceased. P.W.3's husband was one Mr.Ramachandran. He died few years before the year 2007. The deceased was being brought up by P.W.3 and he was studying in a local school in VI standard. After the demise of her husband, P.W.3 had developed illicit intimacy with A1. A1 belongs to Pennikkal Village. A2 is his associate. Out of the said illicit relationship between P.W.3 and A1, PW.3 became pregnant. But, P.W.3 did not want to continue the same, as it, according to her, would have brought shame to her family. Therefore, she informed P.W.8, who is the paternal uncle of her husband to help her to terminate the pregnancy. P.W.8 took her to one Dr.Shankar. Three months prior to the occurrence in this case, Dr.Shankar terminated the pregnancy by giving injection. This came to the knowledge of A1. A1 had desired to have a heir through P.W.3. Since P.W.3 had terminated the pregnancy, it is alleged that A1 decided to take revenge on her by killing her son. This is stated to be the motive for the occurrence.

(3.) It is alleged that on 06.11.2007 at 07.00 a.m., the deceased had gone to his school. When he returned from the school by about 05.30 p.m., it is alleged that A2 met him, induced him and took him to A1, as instructed by A1. Then, both A1 and A2 killed the deceased. According to the charge, A2 held the deceased and A1 strangulated him to death. After causing the death of the deceased, it is alleged that with a view to erase the evidence, they took the dead body of the deceased and buried the same near Kundal Lake by digging a pit and thereafter, they left the place of occurrence.