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2008 Supreme(Mad) 807
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE D. MURUGESAN & THE HONOURABLE MR. JUSTICE V. PERIYA KARUPPIAH
Nazir Hussain & Another
Versus
State represented by Inspector of Police, Chennai
Criminal Appeal No. 1024 of 2006
Decided on : 05-03-2008
For the Petitioners:S. Samuvel Raja Pandian, Advocate.
For the Respondent: P. Kumaresan Addl. Public Prosecutor.
The prosecution established the motive, last seen theory, purchase of attivan tablets, plastic bags, gunny bags, and knives by A-1, and the theft of a sum of Rs.80,000/-. The court found that the prosecution proved all the circumstances, without any missing link, implicating both A-1 and A-2 for the offences.
Headnote:
MURDER - Indian Penal Code, Sections 120(B), 302, 380, 201 - The appellants were found guilty for the offence under Sections 120(B), 302, 380 and 201 of I.P.C. - The deceased was murdered by A-1 and A-2 while he was sleeping due to the effect of attivan pills administered to him and after the death only, the body of the deceased was chopped into pieces viz., head, hands, trunk and legs. The prosecution has proved the motive, last seen theory, purchase of attivan tablets, plastic bags, gunny bags, knives by A-1 and also the manner in which they have been used for the commission of the offence of murder and for subsequent disposal of the dead body. The prosecution has further established the fact that both A-1 and A-2 had conspired together and committed the murder of the deceased. Insofar as the theft of a sum of Rs.80,000/- is concerned, the prosecution has examined witnesses who have spoken about the deceased having a black colour bag when they saw him along with A-1 and A-2 and on the next day when they saw A-1 and A-2, they did not see the other person, indicating that the black bag contained money of Rs.80,000/- and was stolen by the accused after the commission of the offence of murder.
Fact of the Case:
The deceased Riaz Ahmed was murdered by A-1 and A-2 while he was sleeping due to the effect of attivan pills administered to him. After the death, the body of the deceased was chopped into pieces and disposed of in different locations. The prosecution established the motive, last seen theory, purchase of attivan tablets, plastic bags, gunny bags, and knives by A-1, and the theft of a sum of Rs.80,000/-.
Finding of the Court:
The prosecution has proved all the circumstances, without any missing link, implicating both A-1 and A-2 for the offences. The judgment of conviction and sentence of the trial Court need no interference. The criminal appeal is dismissed, confirming the judgment passed by the learned Additional Sessions Judge, Fast Tract Court No.I, Chennai in S.C. No.507 of 2003 dated 25.09.2006.
Issues: The issues revolved around the murder of the deceased, the disposal of the body, the theft of a sum of Rs.80,000/-, and the establishment of motive, last seen theory, and purchase of attivan tablets, plastic bags, gunny bags, and knives by A-1.
Ratio Decidendi: The prosecution established the motive, last seen theory, purchase of attivan tablets, plastic bags, gunny bags, and knives by A-1, and the theft of a sum of Rs.80,000/-. The court found that the prosecution proved all the circumstances, without any missing link, implicating both A-1 and A-2 for the offences.
Final Decision: The criminal appeal is dismissed, confirming the judgment passed by the learned Additional Sessions Judge, Fast Tract Court No.I, Chennai in S.C. No.507 of 2003 dated 25.09.2006.
D. Murugesan, J.
Both the appellants were put on trial as A-1 and A-2 on file of the learned Additional Sessions Judge, Fast Track Court No.I, Chennai in S.C. No.507 of 2003. By judgment dated 25.09.2006, they were found guilty for the offence under Sections 120(B), 302, 380 and 201 of I.P.C., convicted and sentenced as detailed below:-
2. The appellants (hereinafter will be referred to as the accused with the rank as arraigned before the trial court) for the sake of convenience in this appeal.
3. The case of the prosecution is as follows:- The deceased Riaz Ahmed was doing the business of buying and selling of old papers at Bhojapur, Uttarpradesh. In that business connection, he also knew A-1 by name Nazir Hussain. In their business transaction, the deceased had to owe some amount to A-1. As the said amount has not been paid, A-1 asked the deceased to come down to Chennai with a sum of Rs.80,000/- so that, they can purchase the old papers and transport the same to Uttarpradesh for resale and make profit. Believing the said words, the deceased came down from Bhojapur to Chennai on 110. 2002 by train. He was received by A-1 along with A-2, his assistant in the railway station at Chennai and thereafter, he was taken to the place, where the accused was running his workshop. A-1 made the deceased to stay at the upstairs and thereafter administered him milk mixed with attivan sleeping pills and after the deceased became unconscious, A-2 hold the legs of the deceased and A-1 pressed the neck of the deceased and murdered him. Both the accused had stolen a sum of Rs.80,000/-from the deceased and in order to conceal the offence of murder, both the accused chopped the dead body of the deceased into pieces and packed the same in three bags viz., head and hands in one gunny bag, trunk in the second gunny bag and legs in a third gunny bag. They transported the severed body of the deceased in a motor cycle bearing TN 22 AN -0150 and threw away the bag containing trunk of the deceased in a dumping yard near Kasi Theatre, K.K. Nagar, Chennai, threw the second gunny bag containing legs of the deceased near the river at Kallattru bridge, Guindy, Chennai and threw the third gunny bag in an isolated place near Guindy Race Course Road. Thereafter, A-1 gave a sum of Rs.7,500/- to A-2 and sent him to Delhi on 20.10.2002. On the same date at about 9.00 a.m. A-1 took the gunny bag containing the head and hands of the deceased, put the same near Velachery lake, poured petrol and set fire on the same in order to conceal the offence of murder.
4. P.W.13 an employee of a company went to a tea shop on 110. 2002 and when he crossed Kallattru bridge, he found a gunny bag and on opening the same, he found two legs of a male. Thereafter, he went to J-3, Guindy Police Station and lodged the complaint, Ex.P.4 to P.W.31, the Inspector of Police who registered the case in Cr.No. 1631 of 2202 under Section 174 of Cr.P.C., prepared printed F.I.R., Ex.P.36. At about 7.30 a.m. he visted the place where the gunny bag was found, prepared observation mahazar, Ex.P.5, drew rough sketch, Ex.P.6 in the presence of attesting witnesses P.W.14 and another. Then, he held inquest on the legs in the presence of the panchayatars, prepared inquest report, Ex.P.37, recovered blood stained khaki coloured polythene paper bag, M.O.6 which was used for covering the legs and also a gunny bag, M.O.1. In continuation of his investigation, he examined some witnesses.
5. In the mean time, P.W.1, a resident of AB481, 5th Sector, 24th street, K.k. Nagar and civil contractor by profession on 20.10.2002, went around 8.00 a.m., to place certain orders with A.K.R. Hardwares near Kasi Theatre and after placing orders, when he was going on his two wheeler, M-80 motor cycle at about 8.30 a.m., he saw a crowd near the Garden Wines and when he went there along with one Gopal of A.K.R. Hardwares and yet another, he found a gunny bag and on opening the gunny bag, he found a trunk of a person
