KRISHNAN Vs. STATE

JUDGEMENT

(1.) THESE appellants who were the accused 1, 4 to 8 in S.C. No.211 of 1988, stand convicted by the learned Additional Sessions Judge, North Arcot District at Vellore, to undergo life imprisonment apart from the other sentences for the offences under Secs.l20-B, 395 read with 109, 302 and 396. This is a case of triple murder for gain, in a village known as Agraharam within Natrampalli Police limits.

(2.) THE case of the prosecution in brief is as follows: (a) THE first deceased (D-1) Ramalingam had married the daughter of the first accused (A-l)/first appellant in C.A.No. 474 of 1989, by name Ramani who was also the 3rd accused before the trial court. But there was incompatibility in their matrimonial life, on account of which the A-1, had grievance against his son-in-law-D-1 Ramalingam. D-1 Ramalingam was living with his mother, the second deceased (D-2) Thanjammal, and the 3rd deceased (D-3) Radha alias Radhakrishnan, the sister's son of D-1 Ramalingam also was living with them. RW.3, the approver in this case was originally engaged in the sale of the agricultural consumer goods. THEreafter, he was engaged in smuggling the Sandalwood pellets, and once when he along with one Raja was transporting the sandalwood pellets in a car at Bangalore, they were intercepted and arrested by the police. THE driver of the car, who escaped lodged a complaint that his car was stolen by somebody. So, for the transportation of the sandalwood pellets illegally and also for the theft of the car, they were remand prisoners in Harur sub jail. At that time, one Thangaveli a nexalite leader who is an absconding accused in this case, was also a remand prisoner. RW.3 developed acquaintance with him, in Jail and the said Thangavel helped RW.3 to come out on bail by furnishing security through his father, and uncle. P.W.3 after coming out on bail, arranged funds for taking out Thangavel also on bail. Thangavel was released on bail. THEy conspired to commit robberies, whenever they required money. P.W.3 used to meet one Majeeth of Krishnagiri, and the A-1 also used to visit the house of the said Majeeth. THErefore, P.W.3 had developed acquaintance with the A-1 also. (b) When P.W.3 once had been to the house of A-1, he complained that his son-in-law, viz., the D-1 did not treat his wife properly, as he is a well to do man, and he should be taught a proper lesson. P.W.3, with the assistance of the A-1, once visited the house of the D-1, Under the guise of selling the nursery plants, that he also took with him, some fruit mixture added with certain tranquilizer. On that night when he stayed in the house of D-1, he distributed the fruit mixture, as though, it was a wholly fruit mixture (panjaamirthum) got from a temple. THE persons who consumed the fruits mixture, including D-1 Ramalingam, his wife and mother fell in deep slumber. At that time, P.W.3 tried to commit robbery, but as he could not get the key of the bureaus, he removed the ear-rings from the mother of D-1 Ramalingam and also A-3. THEreafter, P.W.3 wanted to meet the A-1, as he was complaining about his son-in-law, and one day, P.W.3 along with Thangavel met A-4/the 2nd appellant in C.A. No.474 of 1989, in connection with grievances, of A-1 about his son-in-law. THEn, they came to the house of A-1, who was with his wife and daughter. A-1 told P.W.3 and Thangavel, that his son-in-law was having 80 sovereigns of gold jewels and cash of Rs.20,000 and if they loot his house, they could take these jewels and cash, and also do away with the persons residing in that house. A-4 gave Rs.500 for the expenses. (c) P.W.3 and Thangavel went to Adiamaankottai, where they conspired with the other accused viz., A-5 to A-8 (appellants in C.A. Nos.477 and 510 of 1989), for committing dacoity in the house of the said Ramalingam D-1. (d) One week later, they all came to Krishnagiri, and P.W.3 and Thangavel went to a platform, where they bought M.Os.11 to 13, knives and after joining the other accused viz., A-5 to A-8, they all proceeded to Natrampalli. THEy informed to the A-4/2nd appellant in C.A. No.474 of 1989, that they were going to commit dacoity in the house of his brother-in-law, the D-1 Ramalingam and would escape from there and that he had to convey the same to his father, the A-1. By 10 o" clock on that night, P.W.3 and A-5 to A-8 went to Agraharam by walk and by about 11.30 p.m., they noted the house of the D-1. (e) In the midnight on 19.7.1987, when they came to the house of the D-1, they saw three persons sleeping in the varandh"a of the house. THEy put out the lamp burning in the pumpset, and made A-8/2nd appellant in C.A. No.477 of 1989, to stand outside the house in the road itself, to watch for any movements. A-5, A-7 (appellants in C.A. No.510 of 1989) and Thangavel took each one knife from P.W.3. THE absconding accused Thangavel, stabbed D-1 Ramalingam and A-7 (2nd appellant in C.A. No.510 of 1989) stabbed Radha alias Radhakrishnan - D-3, who was sleeping down below. A-5 (1st appellant in C.A. No.510 of 1989) stabbed the D-2, the mother of D-1 Ramalingam. At that time, M.O.1 hammer also was lying nearby and the A-6 (1st appellant in C.A. No.477 of 1989) used that hammer to beat the D-2 Thanjammal, the mother of D-1 Ramalingam. All the three deceased immediately died on the spot. (f) THE appellants in C.A. No.510 of 1989, viz., A-5 and A-7 entered into the house and they brought a hand bag containing certain articles. All of them immediately came out and A-5 (1st appellant in C.A. No.510 of 1989) buried the knife in his hands behind the house of the D-1 Ramalingam. All of them went to the palmyrah thope, opposite to the house of the deceased and P.W.3 buried the other two knives in the thope itself. THEy opened the bag brought by A-7 from within the house of the deceased, and found a small bag therein containing silver anklets. (g) On 20.7.1987, P.W.2, the Village Menial heard that the inmates of the house of Ramalingam were found murdered, and he rushed to the house of D-1 Ramalingam and saw D-1 Ramalingam, his mother D-2 Thanjammal and D-3 Radha alias Radhakrishnan, all found murdered. Immediately, he informed this to P.W.1 , the Village Administrative Officer, at 7.00 a.m., and he also came to the house of the D-1 Ramalingam and saw the three bodies of the inmates of the house lying in the pool of blood, and all the four doors of the house kept open. THE bureaus also were found open and the vessels strewn within the house. THErefore, he prepared a statement - Ex.P-1 and presented the same to the Sub-Inspector of Police. (h) P.W.16, the Sub-Inspector of Police, Natrampalli Police Station, on receipt of Ex.P-1, at 10.00 a.m., on 20.7.1987, registered the same in Cr.No.240 of 1987, under Secs.302 and 380, I.P.C, and prepared the Express F.I.R. - Ex.P-54 which was despatched to the court, and the copies to the superior police officers, (i) P.W.19, the Inspector of Police, received the copy of F.I.R., at 11.00 a.m., and proceeded to the scene of occurrence at 11.30 a.m., on the same day. He prepared observation mahazar Ex.P-2 in the presence of P.W. 1 and another, and also drew a rough sketch -Ex.P-71 for the scene place. He conducted inquest on the body of D-2 Thanjammal between 12.00 noon and 1.30 p.m., in the presence of panchayatdars and prepared the inquest report - Ex.P-72. From 1.30 p.m., to 3.00 p.m., he conducted the inquest on the body of D-1 Ramalingam and prepared the inquest report -Ex.P-73. Between 3.00 p.m., and 4.00 p.m., he conducted the inquest on the body of D-3 Radhakrishnan, in the presence of Panchayatdars and prepared the inquest report-Ex.P-74. With the help of photographer - P.W. 15, photographs of the scene place were taken. Exs.P-38 to P-45 are the negatives and Exs.P-46 to 53 are the photo prints. (j) P.W.18, the Finger Print Expert also was summoned to search for the finger prints. P.W.18, found three chance prints, one in the almirah in the room on the left handside, another on the door of the pooja room, and the third one in the almirah in the room on the right handside. With the help of P.W.15, photographs were taken for those three chance prints, after excluding the other finger prints of the deceased persons. Those three chance prints were marked as "VI, V2 and V3". THE chance print marked as "V3" was not clear for comparison, and therefore, he prepared a report-Ex.P-67, with regard to the chance prints he detected, and the report was sent to the Superintendent. THE negatives for those prints are Exs.P-55 and P-56, and the photo prints are Exs.P-57 and P-58. (k) THE dead bodies of the deceased were handed over to P.W.13, Head Constable, for being taken to the Hospital for post-mortem. P.W.9, the Medical Officer, attached to Government Hospital, Thirupathur, on receipt of Ex.P-18 requisition for conducting the post-mortem, commenced the autopsy on the body of D-2 Thanjammal, at 4.30 p.m., on 20.7.1987, and found on her two incised wounds, viz., (1) a cut injury rights side 7" x 2" cranial cavity deep - extending from front of right ear, extending upwards on the right parietal region to the summit of head, cutting the temporal at the parietal bone with edge of the wound fresh. (2) Another cut injury on left side of head 6" x 2" cranial cavity deep - extending above the left ear, on the left temporal and left parietal bone, cutting the same, through which the cut - Dura was visible. THE injury was fresh. THE internal organs were pale. P.W.9 was of the opinion, that the deceased (D-2) would appear to have died of shock and haemorrhage, due to the head injuries, 12 to 14 hours prior to the post-mortem. Ex.P-19 is the post-mortem certificate issued by him. (1) P.W.10, another Medical Officer, attached to the same Hospital commenced the post-mortem on the body of D-1 Ramalingam at 5.00 p.m., on the same day, and he found on him, the following injuries: "1. An incised wound over the right forehead 3" x 2" bone depth. 2. A lacerated injury near left eye 2" x 2" x bone depth

(3.) AN incised wound just below to the wound No.3, 3" x 3" bone depth.