MOHAN ALIAS MOHANRAJ Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in Sessions Case No.164 of 2006 on the file of the learned Principal Sessions Judge, Chengalpattu, whereunder the appellant was convicted for the offences punishable under Sections 302, 307 and 392 r/w 397 I.P.C. and sentenced him to undergo imprisonment for life under Section 302 I.P.C., rigorous imprisonment for seven years under Section 307 I.P.C. and rigorous imprisonment for ten years under Section 392 r/w 397 I.P.C. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Hon'ble Court.

(2.) AS per the charge, the appellant on 21.7.2003 at 4.00 p.m. entered into the residence of the deceased and P.W.1 and demanded payment of money for his expenses and since it was refused, caused injury on P.W.1, who is the uncle of the appellant aged about 70 years at the time of occurrence and also the deceased, who is the wife of P.W.1, and in the result, the deceased succumbed to the injuries and P.W.1 sustained grievous injuries and in the course of the same transaction, the appellant committed robbery of gold necklace, four bangles and two silver key bunches and thereby committed the offences punishable under Sections 302, 307 and 392 r/w 397 I.P.C.

(3.) P.W.1 is the husband of the deceased. Both of them were staying alone on 21.7.2003 at 3.30 p.m. at their residence at Door No.18/A, Kalyanasundaram Street, Muthulakshmi Nagar, Chitlapakkam. P.W.2 Nandhagobi and P.W.4 Satheesh are the sons of the deceased and P.W.1. P.W.3 is the daughter-in-law of the deceased and P.W.1 and wife of P.W.2. P.Ws.2 to 4 went out of the residence at 9 a.m. to attend their job. It is the evidence of P.W.1 that the appellant entered into the residence opening the front door at 3.30 p.m. on 21.7.2003 and the appellant has stated that he has had his lunch when questioned by P.W.1. Thereafter, the appellant went to the upstairs portion of the house and returned back with a wooden cricket bat, M.O.1. When the appellant demanded money from P.W.1, it was refused. Thereafter, the appellant assaulted P.W.1 with M.O.1 cricket bat on his head and at that time, the deceased rushed to prevent the assault. The appellant assaulted the deceased also on her head, chest, leg and other parts with M.O.1 bat and the deceased fell down. Even thereafter, the appellant assaulted P.W.1 and he also fell down. The appellant thereafter entered into the room where a bureau was kept and opened the same. P.W.1 thereafter became unconscious.