STATE Vs. S.MURUGAN

JUDGEMENT

(1.) The appellant-State of Tamil Nadu has preferred Criminal Appeal (MD)No.265 of 2013 against the Judgment dated 25.04.2011 passed by the learned Additional District and Sessions Judge/Fast Track Court No.2, Trichirappalli in Sessions Case No.99 of 2010. By the said judgment, the learned Trial Judge acquitted the respondents- accused under Sections 120(B), 450, 302 and 394 r/w 397 of IPC. The defacto complainant has also filed Criminal Revision (MD)No.515 of 2013 questioning the said judgment of acquittal.

(2.) The prosecution case, briefly stated, is as under : The deceased Malarkodi was a licensed pawn broker. She was having her residence cum shop at Neelamegam Asari Colony, Palaniyandi Nagar, Kallakudi. She was residing along with her husband Rathinasamy at the said address. The first accused Murugan was residing in the house of his father in law Philominraj which is situated near Malarkodi's residence. The first accused had pledged his jewels and borrowed some amount from Malarkodi. When the wife of the first accused redeemed the same, she saw that the pledged jewels were kept in a box in the house. She passed on the said information to the first accused which induced in him an intention to commit robbery of the jewels. He took the assistance of the other two accused and all the three accused conspired together during November 2009 and pursuant to their conspiracy, on 05.02.2010 at about 04.00 A.M, they entered the back-side of the house of the deceased Malarkodi. The first accused knew that the deceased Malarkodi would wake up by 04.00 A.M and open the tap in the washbasin in the kitchen. The accused inserted a cloth in the washbasin drain pipe. The plan of the accused was that the washbasin would overflow and that Malarkodi would come out of the house to find out if there is any block in the drain pipe.

(3.) .As anticipated by the accused, the deceased Malarkodi finding that the water from the washbasin overflowing, opened the back door of the house to check the water drain pipe. The accused were waiting outside in the backyard. The second accused put a rope around the neck of Malarkodi and dragged her out of the house. The other two accused pulled the noose and strangled her. The third accused held the head of Malarkodi and hit her against the wall. As a result of asphyxiation and head injuries, Malarkodi died on the spot. The accused removed her Thali, ear studs and ear chain totally weighing abut 10 sovereigns from her person. Then they trespassed into the house of the deceased through the back door and committed theft of gold jewels weighing about 70 sovereigns and 1.350 kgs of silver jewels from the bureau, cup-board and pooja almirah. After committing the said robbery, they escaped.