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2016 Supreme(Mad) 2728
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.NAGAMUTHU AND V.BHARATHIDASAN, JJ.
Ram Mandal - Appellant
Vs.
State Rep. by The Inspector of Police, Crime Branch C.I.D.,Kancheepuram - Respondent
Criminal Appeal Nos.169, 488 of 2015 and 386 of 2016
Decided on : 23-08-2016
For the Appellant : Mr. S.Suresh, Mr. S.Sridevi
For the Respondent: Mr. E.Raja, APP along with Mr. M.Maharaja
She, Miss. B.Umamaheswari, an young Software Engineer, at her early twenties, earning a fabulous annual income, working in a leading software company, having lot of hopes of achievements in her life, would have had no reason to anticipate, when she left the software company at 10.30 p.m. to her house, that her cruel end was fast approaching and that she would be thrown like a dust, after being ravished of her modesty, in a bush, as a lifeless body and that the police would be insensitive for sometime ever after report of her mysterious disappearance. Yes. she was in the news in the print and electronic media for quite some time. After her mangled decomposed body was found after ten days, there were lot of hue and cry for women protection. At last, three culprits were booked by the police alleging that they raped her, killed her and robbed her. They stand convicted. They are before us pleading innocence.
2. The Appellant in Crl.A.No.169 of 2015 is the Accused No.1; the Appellant in Crl.A.No.488 of 2015 is the Accused No.2 and the Appellant in Crl.A.No.386 of 2016 is the Accused No.3 in S.C.No.192 of 2014 on the file of the learned Sessions Judge, Mahila Court, Chengalpattu, Kancheepuram District. The trial court framed as many as six charges against A1 to A3 as detailed below:-
| Charge Number | Charges framed against | Penal provision under which charge framed |
| 1 | A1 to A3 | Section 120(B) of IPC |
| 2 | A1 to A3 | Section 341 of IPC |
| 3 | A1 to A3 | Section 392 r/w 34 of IPC |
| 4 | A1 to A3 | Section 376(D) r/w 34 of IPC |
| 5 | A1 to A3 | Section 302 r/w 34 of IPC |
| 6 | A1 to A3 | Section 379 r/w 34 of IPC |
The trial court, by judgement dated 28.11.2014, convicted A1 to A3 and sentenced them as detailed below:-
| Rank of the Accused | Penal provision under which conviction recorded | Quantum of Sentence Imposed |
|
A1 To A3 | Section 341 of IPC | Rigorous imprisonment for three months |
| Section 392 r/w 34 of IPC | Rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year | |
| Section 302 r/w 34 of IPC | Imprisonment for Life and fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year | |
| Section 120(B) of IPC | No separate sentence imposed | |
| Section 379 r/w 34 of IPC | As separate charge under Section 392 r/w 34 of IPC was framed and sentence has also been imposed thereunder, the trial court dropped this charge as unnecessary |
The trial court, however, acquitted A1 to A3 from the charge under Section 376(D) r/w 34 of IPC. Challenging the above said conviction and sentences, A1 to A3 have come up with these criminal appeals.
3.0. The case of the prosecution in brief is as follows:- Miss. B.Umamaheswari, aged 23 years, an under graduate in Computer Engineering, was employed as a Software Engineer in Tata Consultancy Services, [in short TCS ], SIPCOT IT Park, Siruseri, Chennai, Kancheepuram District. She was residing at Medavakkam. Her native place was Jothi Nagar, Attur Taluk in Salem District. P.W.1 is her father. All her family members were residing in their native village. On account of her employment, the deceased was staying in a rented house at Medavakkam along with her co-employees by name Ms. Sujitha.S.V. [P.W.2], Ms. Maheswari and Ms. Abhinaya. All of them used to go to the company for work according to the shift allotment.
3.1. As usual, on 13.02.2014, the deceased had gone to her shift work at 02.00 p.m. to the company. P.W.2 finished her work by 02.00 p.m. and when she came out of the company, she found the deceased entering into the company for work. At that time, the deceased was wearing a bluish green colour tops, black colour pants and black colour dupatta. As usual she was wearing a pair of gold ear-studs; a bracelet on her right wrist; and
