RAJKUMAR [A7] IN CRL. A.(MD). NO. 182 OF 2015 Vs. THE STATE, REP BY ITS DEPUTY SUPERINTENDENT OF POLICE, CBCID, MADURAI CITY OCU

JUDGEMENT

(1.) The accused 1 to 5 and 7 to 9, on the file of the learned Principal District and Sessions Judge, Dindigul, have come up with Crl.A.(MD).Nos. 182, 185, 197, 218 of 2015, 131, 232, 395 and 419 of 2016, challenging their conviction and sentence imposed by the Trial Court, by Judgment dated 10.04.2015. The State has come up with Crl.A.(MD).No.353 of 2015, challenging the acquittal of these accused under various provisions. The de facto complainant, namely, the son of the deceased, has come up with Crl.A.(MD).No.269 of 2015, challenging the acquittal of these accused under various charges. The Trial Court framed as many as ten charges against all the nine accused, as detailed below. <FRM>JUDGEMENT_200_LAWS(MAD)1_2017_1.html</FRM>

(2.) The case of the prosecution, in brief, is as follows:- The deceased, in this case, was one Dr.Baskaran, aged about 71 years. He was a very popular Doctor in Dindigul Town. He was also owning vast extent of properties both in Dindigul as well as in Kodaikanal. PW-1 - Dr. Ganesh is his son and PW-2 - Mrs. Vanitha is his wife. PW-1, PW-2 and the deceased were residing at Door No.34-J, AMC Road, Dindigul Town. PW-1 and the deceased were running their clinic under the name and style "Kasi Clinic ", at Palani Road in Dindigul. Opposite to the house of the deceased, i.e., on the other side of the road, Cosmopolitan Club Building is situated. The deceased was, incidentally, the President of the said Club. The deceased used to start around 05.15 AM from his house to go to the Cosmopolitan Club for playing Tennis. This practise of the deceased was known to all in the said locality.

(3.) Out of the said witnesses, P.W.1, the son, and P.W.2, the wife of the deceased have stated that lastly the deceased left their house around 05.00 a.m. on 30.04.2009 to go to the nearby Cosmopolitan Club with a bag containing tennis balls and other material objects. They have also identified the gold chain, gold dollar and the silver dollar worn by the deceased lastly. P.Ws.1 and 2 have spoken about the cellphone calls received by them and the complaint made and all other details. P.W.3, the watchman, working under the deceased and P.W.4, the Tennis Master of Cosmopolitan Club have stated that in a Tata Sumo Car a male person was, by force, abducted near the Cosmopolitan Club. But, at that time, they did not know that it was the deceased. But, a hand bag containing tennis balls was lying on the road, from out of which, P.Ws.3 and 4 came to know that the person abducted was the deceased. Thereafter, they informed the same to P.Ws.1 and 2. P.W.5 is the grand son of the deceased. He has also spoken about the cellphone calls and the missing of the deceased. He has further stated that from Trichy when P.W.2 informed him that nobody turned up for receiving the money, he informed the same to the police and the police rescued P.W.2 from Trichy Railway Station. P.W.6 has spoken about the missing of the deceased and the cellphone calls which were received by P.W.2. P.W.7, the auto driver has stated that he took P.W.2 in his auto. P.W.8 is yet another auto driver. He has also stated that he took P.W.2 in his auto when she was going with cash of rupees one crore. P.W.9 is also an auto driver. He has also stated that he took the deceased in his auto. [Regarding the evidences of these three witnesses, we have already dealt with in the earlier paragraphs].