SELVAM Vs. STATE

JUDGEMENT

(1.) The Sessions Judge, Magalir Neethimandram, Coimbatore, by judgement dated 17.03.2015 in S.C.No.126 of 2014, has convicted the appellant/accused for the offences under Sections 449, 302 (Three Counts) IPC and 404 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for six months for the offence under Section 449 of IPC; to undergo imprisonment for life and to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for six months for the offence under Section 302 of IPC (First count); death penalty and to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for six months for the offence under Section 302 of IPC (Second count); death penalty and to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for six months for the offence under Section 302 of IPC (Third count) and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for six months for the offence under Section 404 of IPC. The trial court has further directed that the appellant shall undergo these substantive sentences of imprisonment concurrently. 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.2 of 2015 is before this court. The convict - Mr.Senthil has filed Crl.A.No.409 of 2015 challenging the said conviction and sentence.

(2.) The case of the prosecution in brief is as follows: - It is alleged that the accused has committed murders of three persons, by name, Mrs.Vatchaladevi [hereinafter referred to as "D1"]; Mr.Makilan [hereinafter referred to as "D2" ]; and Mr.Praneeth [hereinafter referred to as "D3"]. P.W.1 is the mother of D1 and the grandmother of D2 and D3. P.W.6 is the husband of D1 and the father of D2 and D3. D2 and D3 were male children aged 6 years and 11 months respectively. D1 to D3 were residing with P.W.1 and P.W.6 in the house belonging to P.W.1 at Ranganathar Street, Ramakrishnapuram, Coimbatore. By the side of the said house, P.W.1 had two other houses. In one of the houses, one Mr.Sankar was residing as a tenant and in the other house, the accused was residing as a tenant along with his wife. The accused occupied the said house as a tenant on 05.03.2014 on agreeing to pay a monthly rent of Rs.2,650/ -. He paid a sum of Rs.8,500/ - to P.W.1 towards advance. The wife of the accused was also living with him. Frequently there arose quarrels between the accused and his wife. His wife, therefore, left for her parental home. The accused vacated the rented house on 10.05.2014. After adjusting the arrears of rent from the amount already paid as advance, a sum of Rs.3,200/ - was due from P.W.1. At the time when the accused vacated the house, P.W.1 assured that she would repay Rs.3,200/ - to the accused after some other tenant is put in possession of the house. The accused agreed for the same and left.

(3.) On 01.06.2014, P.W.6 was not in the house, but, P.W.1 was there. By around 11.00 a.m., the accused came to the house of P.W.1 and demanded return of advance amount as assured by her earlier. P.W.1 told him that as already assured she would return the same after some other tenant is fixed for the house. The accused remained there for quite some time and left in his motorcycle. But, visibly, the accused was not satisfied with the said assurance.