M. SAMPATH Vs. STATE

JUDGEMENT

(1.) The petitioner namely, M.Sampath has been arrayed as the sixth accused in the charge sheet for the offences under Sections 449 and 302 IPC (6 counts) r/w. Section 120(B) and 109 of IPC for conspiracy and instigating the murder of six persons belonging to the family of one Kuppuraj.

(2.) The case of the prosecution is that the deceased Kuppuraj owned and possessed valuable immovable property measuring 7.02 acres situated at Dhasanaickenpatti in the south border of Salem city. Out of 7.02 acres of land, 1.52 acres is an ancestral joint family property and the remaining 5.50 acres of land is the self acquired properties of Kuppuraj and his wife Chandra. In the year 2003, when the first accused Sivaguru underwent a kidney transplantion surgery, his deceased father claimed to have spent nearly a sum of Rs. 10 lakhs for his surgery. Pursuant to the surgery, when the first accused Sivaguru demanded allotment of share in the said properties, the deceased Kuppuraj refused to comply with the demand on the ground that he has spent sufficient money for his surgery. The conflict among the family members and the first accused arose from this point of time. Though deceased Kuppuraj had denied Sivaguru's claim over the properties, the first accused and third accused entered into an unregistered sale deed with the seventh accused/Senthil Kumar to sell undivided share of the properties. Consequently, the deceased Kupppuraj executed two registered settlement deeds both dated 28.07.2004 in favour of one Rathinam and minor Karthick for a total extent of 5.20 acres. This developed ill feelings between the family of the first accused and Kuppuraj-Rathinam family, owing to which, four FIRs came to be lodged against the family members of the first accused apart from two civil suits between the parties. The power of attorney executed by the first accused on 09.08.2007 in favour of the fifth accused was cancelled on 01.07.2008. Another power of attorney was executed in favour of the petitioner herein/A6 on 07.07.2008, pursuant to which, he entered into the sale agreement with the eighth accused/Sekar. The power of attorney in favour of the sixth accused was also cancelled on 14.05.2010. It is the case of the prosecution that all the documents were created by the first accused along with his family members arrayed as accused 2 to 4 (A2 to A4) in order to grab the lands from Kuppuraj in connivance with the other accused. Frustrated over his inability to obtain the original documents relating to the properties from the deceased Kuppuraj, the first accused, with his family members/A2 to A4 and in connivance with the accused 5 to 8 decided to kill the entire family members of Kuppuraj, pursuant to which, the first accused along with his minor son Gokulnath trespassed into the house of the Kuppuraj with deadly weapons on 12.08.2010 at 8.30 p.m. and murdered Kuppuraj, his wife, his son Rathinam and his wife and two daughters. An FIR dated 13.08.2010 in Cr.222 of 2010 came to be registered before the Mallur Police Station, which culminated into framing of charges taken on file in S.C. No. 185 of 2011 before the learned II Additional District and Sessions Judge, Salem.

(3.) Heard Mr. P.Ezhilnilavan, learned counsel for the petitioner and Mr. C.Iyyapparaj, learned Additional Public Prosecutor for the respondent.