NIRMAL SARKAR Vs. STATE

JUDGEMENT

(1.) These Criminal Appeals arise out of the conviction and sentence passed by the learned IV Additional Sessions judge, Ponneri in S.C. No. 184 of 2016 dated 04.01.2018. The appellants were charged for the offence under Sections 302 r/w. 34 of IPC. The trial Court on completion of trial found the appellants guilty for offence under Section 302 r/w. 34 of IPC, convicted and sentenced them to undergo life imprisonment each and to pay a fine of Rs. 1.000/- each in default to undergo three months Simple imprisonment.

(2.) The case of the prosecution is that A1 is the friend of the deceased. The deceased and A2 are husband and wife, they have a female child Arpitha Debnath/P.W. 8. The appellants and the deceased hail from the State of Tripura. A1 often used to visit the house of the deceased and in course of it, illicit relationship developed between the wife of the deceased/A2 and A1. Further, A2 left the company of the deceased and her daughter, came down to Chennai along with A1. Both the accused, were living together as husband and wife at Gangaiammal Kovil Street, Pallikuppam, Palavoyal, Redhills. The deceased had called upon A2, ascertained her location and came to Chennai on 18.12.2015 along with his daughter P.W. 8. Thereafter, the deceased, P.W. 8 and the appellants lived together in the said address. On 20.12.2015 there was a quarrel between the deceased arid A2 with regard to the washing the clothes of the deceased. On the same day, the deceased and A1 went to the market to purchase vegetables and chicken. After purchasing the things there was a wordy quarrel between them, P.W. 10 compromised them. On the day itself at about 10.00 p.m., the appellants has beaten the deceased on his head with a wooden log [M.O. 5] and caused the death of the deceased. At that time hearing the noise, P.W. 8 woke up from the bed, A2 shuttered her mouth and turned off the light and asked her to go to sleep. Thereafter, the accused put the body of the deceased in a gunny bag and disposed it in the half constructed building. Thereafter, the accused/A1 and A2 along with P.W. 8 had returned back to their native Tripura. After some time foul smell emanated from the gunny bag. The nearby residents informed P.W. 2/the Village Assistant. P.W. 2 and P.W. 1/VAO visited the scene, opened the gunny bag and found the decomposed body of the deceased. P.W. 1 lodged a complaint [Ex. P1] on 31.12.2015 to the Inspector of Police; Redhills Police Station. On receipt of the complaint, P.W. 18 registered a case in Crime No. 1901 of 2015 [Ex. P13] for the offence under Sections 302 r/w. 34 of IPC and produced the body for postmortem and thereafter disposed the same. On further investigation, coming to know about the role of the accused, P.W. 14, P.W. 17 and P.W. 18 went to Silchar, arrested the accused, who confessed about the murder and produced them before the Chief Judicial Magistrate; Silchar for transit warrant. After obtaining the transit warrant, brought the appellants to Chennai, on completion of investigation charge sheet came to be filed.

(3.) Before trial Court, prosecution examined 19 witnesses and marked 17 exhibits and 18 material objects. None were examined by the defence nor any exhibits marked.