IMPORTANT POINTS
Delay in lodging FIR; Hostile witness; Motive.

JUDGMENT

P. Sathasivam, J.-These appeals are directed against the judgment and order dated 17.04.2008 passed by the Madurai Bench of the Madras High Court in Criminal Appeal No.1108 of 2000 whereby the Division Bench of the High Court dismissed the appeal filed by the appellants herein and confirmed the order of conviction and sentence dated 14.11.2000 passed by the Ist Additional Sessions Judge-cum-Chief Judicial Magistrate, Trichy in Sessions Case No.139/2000.

2. Brief facts:

(a) Jayanthi (A-1) (Appellant No.1 herein in Criminal Appeal No. 1573 of 2009) was married to one Rajendran (PW-34) and they were residing at Trichy along with their children. After the death of their daughter, Jayanthi intended to lead a spiritual life and Rajendran started living separately whereas their son Sathya Narayanan (A-4) was living with her.

(b) Jayanthi (A-1) was actually running an Ashram in the name of Sri Devi Maha Sannathi at Govardhan Garden, K.K. Nagar, Trichy. The other accused persons, viz., A-2 to A-11 therein were assisting her in the affairs of the Ashram whereas A-12 was working as a Watchman in the said Ashram.

(c) One Sriputhra (A-2) used to visit the said Ashram and became a Member and stayed there along with his son Sathya Narayanan (A-3) and daughter Sadhana (A-7) leaving his wife. According to the prosecution, during the course of time, A-1 and A-2 developed illicit intimacy. One Leelavathi (since deceased), who was originally taking tuition for the children of A-1 and A-2, has also became a Member and she was looking after the accounts of the said Ashram. During her continuation in the Ashram, A-2 and Leelavathi also developed illicit intimacy with each other.

(d) On account of the above, there was a quarrel between Jayanthi (A-1) and Leelavathi (deceased) and Leelavathi threatened her that she would disclose about her illicit intimacy with A-2 to the outside public which would cause disgrace and shame to her and that she should be given a share in the property of the Ashram.

(e) On 08.04.2000, between 6-7 a.m., Jayanthi (A-1) along with other accused persons assembled at the backside of the Temple and started beating Leelavathi causing grievous injuries to her and Jayanthi strangulated her neck which resulted into her death. Sivasanmugam (PW-1), who was residing in the house situated nearby the Temple, heard the cries of Leelavathi and after two days, he came to know that Leelavathi was beaten to death and the dead body was burnt in the burial ground.

(f) On 17.04.2000, PW-1 lodged a complaint at K.K. Nagar Police Station, Trichy which came to be registered as C.S. No. 78 of 2000 mentioning the suspicion over the death of Leelavathi. After investigation, the case was committed to the Court of Sessions and numbered as Sessions Case No. 139 of 2000 and the charges were framed against 12 accused persons for the offences punishable under Sections 147, 302 read with 149 and 201 of the Indian Penal Code, 1860 (in short ‘IPC’).

(g) By judgment dated 14.11.2000, the trial Court while acquitting A-6 to A-11, convicted A-1 to A-5 under Sections 302 read with Section 149 and 201 of IPC and sentenced them to undergo rigorous imprisonment (RI) for life along with a fine of Rs. 2,000/- each, in default, to further undergo RI for 6 months for the offence punishable under Section 302. A-12 was convicted under Section 201 of IPC and sentenced to undergo RI for 4 years along with a fine of Rs.1,000/-, in default, to further undergo RI for 3 months.

(h) Challenging the said judgment, A-1 to A-5 and A-12 filed an appeal being Criminal Appeal No. 1108 of 2000 before the Madurai Bench of the Madras High Court. During the pendency of the appeal before the High Court, A-2 and A-12 died and appeal against them stood abated. The High Court, by impugned judgment dated 17.04.2008, dismissed the appeal and confirmed their conviction and sentence.

(i) Aggrieved by the said judgment, Sathya Narayanan (A-3) filed Criminal appeal No. 1539 of 2008 an