SANKAR @ SANKAPILLAI Vs. STATE

JUDGEMENT

(1.) This is a case of triple murder with robbery. The accused is the appellant/sole accused in the case. The trial court [the learned III Additional Sessions Judge, Dharapuram] framed charges under Sections 302 of IPC [Three counts] and 392 of IPC against the accused. By judgement dated 05.03.2015, the trial court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- for each count in default to suffer simple imprisonment for a further period of three months for offence under Section 302 of IPC [Three counts] and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for a further period of three months for offence under Section 392 of IPC. Challenging the said conviction and the sentences, the sole accused has come up with this criminal appeal.

(2.) The case of the prosecution in brief is as follows:- The deceased Mr.Periyasamy Gounder [hereinafter referred to as 'D1'], the deceased Mrs.Santhamani [hereinafter referred to as 'D2'] and the deceased Mrs.Ramathal [hereinafter referred to as 'D3'] were all residing in the lonely house in their farm at Sengattu Thottam in Kadayuranvalasu. D2 is the wife of D1 and D3 is the mother-in-law of D1. It is alleged that on 01.10.2012, around 9.00 p.m., the accused, killed all the three deceased by attacking them with a wooden log and a knife. Then, he removed six sovereigns of gold chain with thali from D2; a Nokia Cellphone; a silk saree and other properties from the house of the deceased. Abandoning the dead bodies, the accused fled away from the scene of occurrence. The occurrence was not witnessed by anyone.

(3.) P.W.1 is the Village Administrative Officer of Vellakovil village within whose jurisdiction the place of occurrence had fallen. According to him, around 07.00 a.m., P.W.2, a farm worker under the deceased found all the three deceased dead. He came and informed P.W.1 about the same around 07.30 a.m. on 02.10.2012. P.W.1 along with his Assistant and others went to the place of occurrence. He found Mrs.Ramathal [D3] lying dead in front of of the house in a pool of blood with injuries. Then, he he found the dead body of the deceased Mrs.Santhamani [D2] just at the entrance of the house with cut injuries on her forehead, nose, eye, lips and other parts of the body; and D1 was found lying on the west of the house near a Well. There were injuries on his forehead, lower jaw and other parts of the body. A lungi was found tied around the neck of D1. Similarly, a saree was tied around the neck of D2. Immediately, P.W.1 went to Vellakovil Police Station and made a complaint at 10.00 a.m. on 02.12.2012. P.W.24, the then Sub Inspector of Police on receipt of the said complaint, registered a case in crime No.422 of 2012 under Section 302 of IPC. Ex.P.25 is the FIR. Then, he forwarded both the complaint-Ex.P.1 and the FIR-Ex.P.25 to the jurisdictional court which were received by the learned Judicial Magistrate at 06.20 p.m. on 02.10.2012. In the mean time, P.W.24, handed over the case diary to the Inspector of Police for investigation.