MAYILRAJ @ AROCKIYAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment of the learned Additional District and Sessions Judge, Theni, at Periyakulam, made in S.C.No.77 of 2012, dtd. 30/6/2016, convicting and sentencing the appellant as follows:

(2.) The deceased Surulimuthu is a resident of Theni and he owned a coconut grove at a place called as Varushanadu. The appellant (A1) is the sister's son of the deceased and A2 is the cousin sister's son of the deceased. Both these accused persons are said to have taken care of the coconut grove belonging to the deceased. The deceased was a resident of Gandhipuram and he used to visit the coconut grove once in a month. It is further alleged that there used to be a grievance for the deceased against the accused persons for not maintaining the accounts properly and that they may be misappropriating money and also selling coconuts stealthily and preparing false accounts as if they are purchasing fertilizers for the coconut grove. The deceased had questioned the accused persons in this regard and warned them. On 29/8/2011, at about 6.30 a.m., the deceased came to the farm land along with the accused persons and at around 7.00 a.m., he is said to have been attacked by A1 with a chisel (M.O.5) on his head and thereafter, A2 also attacked him with the very same chisel in his head, right hand and fingers and thereby, caused the death of the deceased. They are said to have taken away a sum of Rs.2,500.00 from the shirt pocket of the deceased after the incident and thereafter, both of them with an intention to conceal the entire incident, placed the dead body under a coconut tree and had placed coconut leaf-stalk over his head to give an impression that he died because of the coconut branches falling on the head of the deceased and also spread a news to that effect.

(3.) Complaint and the materials collected during the course of investigation: