THYAGU ALIAS THYAGARAJAN Vs. STATE

JUDGEMENT

(1.) R.T.No.12 of 1987 a reference under Sec.366, Cr.P.C. made by the Sessions Judge, Dharmapuri District at Krishnagiri, for the confirmation of the sentence of death meted out to accused 1 to 4 (Thyagu alias Thyagarajan, Sekar alias Chandrasekar, Muniyappan and Sheik Babu) in S.C.No.25 of 1987 on his file. The above four appeals C.A.Nos.647,684 and 729 of 1987 and 144 of 1988 have been respectively preferred by the fifth accused, fourth accused, accused 1 and 3 and the second accused canvassing the correctness of the judgment in the above cases, convicting them for various offences and sentencing them therefore, inclusive of the sentence of death awarded to accused 1 to 4.

(2.) BEFORE the trial court the appellants were charged under eight heads: The first charge against the appellants was for an offence under Sec.120-B, I.P.C. in that they along with one Dhadha alias Abdul Razack and the approver Venkatcsan (P.W.1) during the months of November and December, 1985 at Bargur and Bangalore engaged themselves in a conspiracy and agreed to rob a lorry load of textiles and in pursuance of the said conspiracy committed murder of the lorry driver Mani and Perumal, the cleaner of the lorry. The second charge against accused 1 and 4 was for an offence under Sec.302, I.P.C, relating to the murder of the first deceased Mani on the allegation that at or about 7 P.M. on 6.12.1985, in pursuance of their conspiracy to commit robbery of textile goods, the first accused the fourth accused and Dhadha alias Abdul Razack strangulated Mani, the first deceased, by means of a nylon rope during the course of which Dhadha also kicked on the private parts of the deceased Mani. This charge, which was framed simpliciter for an offence under Sec.302, I.P.C, on 23.3.1987, was altered on 18.9.1987 for an offence under Sec.302 read with Sec.34, I.P.C The altered third charge indicts the second accused for an offence under Sec.302, I.P.C, on the allegation that in pursuance of the conspiracy during the course of the same transaction referred to in charge No.2, he committed the murder of the lorry cleaner Perumal by strangulating him using a nylon rope. The fourth charge was framed against the third accused and is referable to charge No.3 in that he fisted the deceased Perumal when the second accused strangulated him. This charge against the third accused is for an offence under Scc.302, I.P.C, read with Sec.34, I.P.C. The fifth and sixth charges were framed against the second accused and accused 3 and 4 respectively for an offence under Sec.201, I.P.C, for having concealed the evidence of the murder committed by them. The seventh charge was of an offence under Sec.396, I.P.C, against accused 1 to4inthattheyaiongwith the approver Venkatcsan and another committed dacoity of the textiles in the lorry during the Course of which they murdered Mani and Perumal. The last charge was against the fifth accused for an offence under Sec. 120-B read with Sec.411, I.P.C, on the allegation that in pursuance of the conspiracy, on 6.12.1985 at about midnight he dishonestly received and retained a lorry load of textile goods worth about Rs.12,00,000 by purchasing the same for a paltry sum of Rs.1,85,000 knowing it to be or having reason to believe that it was stolen property.

(3.) TO substantiate its case the prosecution examined P.Ws.1 to 113, filed Exs.P1 to P153 and marked M.Os.1 to 78. The accused did not examine any witness on their behalf but had marked Exs.D1 to D4.