MADRAS HIGH COURT
M. Jaichandren and S. Nagamuthu, JJ.
Rajadurai (A.1 in Crl.A.No. 582/2013) - Appellant
Versus
The State, rep. By its The Inspector of Police, Virudhachalam Police Station, Cuddalore District (Crime No. 51 of 2012) (in all Crl.As) - Respondent
Criminal Appeal Nos. 582, 619, 385, 371 and 350 of 2013
Decided On : 25-04-2016
Indian Penal Code, 1860 – Sections 120(B), 392 r/w 397 - Indian Evidence Act - Section 114 – Criminal Trial – Offence of Criminal Conspiracy and Robbery, or dacoity, with attempt to cause death or grievous hurt – Appeal against conviction - Deceased was doing cloth business at her house itself. P.W. 1 was assisting her in said business - It was practice of P.W. 1 to leave house for his work in morning and to return to his house around 6.30 pm - On 20.01.2012, in usual course, P.W.1 had left house for his work leaving deceased alone at his house - Thereafter, around 12.45 pm on same day, deceased called him over phone and informed that A.3 who was already known to deceased and P.W. 1 had come to their house for purpose of purchasing clothes in connection with a function at his house - Deceased further told that A.3 had selected clothes and she gave details of items selected by him to P.W. 1. P.W. 1 calculated price of those items and informed deceased to collect Rs. 8,525/- as price for clothes and to sell same to A.3 - Then within a short while, deceased again called P.W. 1 over phone and informed that A.3 had taken only two shirts promising to visit again to purchase rest of clothes - Held, A.1 and A.2 for possession of above stated stolen articles, we have no option but, to presume as provided in Section 114 Act that these two accused had also committed crime in question - A.1 was found in possession of some of stolen properties which were given to P.W. 12 by him and P.W. 12 in turn, produced same to P.Ws. 13 & 14 for purpose of pledging - Evidences of P.Ws. 12 to 14 also further lend assurance to above conclusion which we have arrived at - He has stated about involvement of A.1 and A.2. We find that extra judicial confession given by A.1 to P.W. 8 lends adequate assurance to conciliation that A.1 & A.2 have committed crime along with A.3. So far as A.3 is concerned, undoubtedly, his confession to P.W. 8 is a substantive evidence against him - We do not find any reason to doubt veracity of evidence of P.W. 8. We hold that said extra judicial confession is voluntary and same by itself is sufficient to prove guilt of A.3. It also draws corroboration from other evidences more particularly that of P.W. 3 – Court view has clearly established that A.1 to A.3 had gone to house of deceased under guise of purchasing clothes and committed murder of deceased and also stolen away valuable articles as detailed herein above - Prosecution has clearly proved their guilt - Appeals dismissed.
S. Nagamuthu, J.
The appellant in Crl.A.No. 582 of 2013 is A.1 ; the appellant in Crl.A.No. 619 of 2013 is A.2 ; the appellant in Crl.A.No. 385 of 2013 is A.3 ; the appellant in Crl.A.No. 371 of 2013 is A.4 and the appellant in Crl.A.No. 350 of 2013 is A.5 in S.C.No. 130 of 2012 on the file of the learned Sessions Judge, Mahila Court, Chennai. The trial Court framed as many as six charges as detailed below :-
Charges
Accused
Section of law
Charge No. 1
Accused 1 to 4
120(B) I.P.C.,
Charge No. 2
A.1
376 I.P.C.,
Charge No. 3
A.1
302 I.P.C.,
Charge No. 4
A.1 to A.4
392 r/w 397 I.P.C.,
Charge No. 5
A.2 to A.4
302 r/w 34 I.P.C.,
Charge No. 6
A.5
414 I.P.C.,
By judgement dated 22.04.2013, the trial Court convicted all the accused under all the charges and sentenced them as detailed below :-
Accused
Section of law
Sentence
A.1
120(B) I.P.C.,
Rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for two years
392 r/w 397 I.P.C.,
Rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/- in default to undergo rigorous imprisonment for one year
120(B) I.P.C.,
Rigorous imprisonment for two years
A.2 to A.4
302 r/w 34 I.P.C.,
Imprisonment for life and to pay a fine of Rs. 5,000/- each in default to undergo rigorous imprisonment for two years
392 r/w 397 I.P.C.,
Rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/- in default to undergo rigorous imprisonment for one year
A.5
414 I.P.C.,
Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months.
The trial Court has ordered the sentences to run concurrently. Challenging the said conviction and sentence, the appellants are before this Court with these Criminal Appeals.
2. The case of the prosecution in brief is as follows :-
The deceased in this case was one Mrs. Vimala. P.W. 1 is her husband. P.W. 1 was working as a Salesman in a private concern. The deceased was doing cloth business at her house itself. P.W. 1 was assisting her in the said business. It was the practise of P.W. 1 to leave the house for his work in the morning at 9.00 am and to return to his house around 6.30 pm. On 20.01.2012, in the usual course, P.W.1 had left the house for his work leaving the deceased alone at his house.
3. Thereafter, around 12.45 pm on the same day, the deceased called him over phone and informed that A.3 who was already known to the deceased and P.W. 1 had come to their house for the purpose of purchasing clothes in connection with a function at his house. The deceased further told that A.3 had selected the clothes and she gave the details of the items selected by him to P.W. 1. P.W. 1 calculated the price of those items and informed the deceased to collect Rs. 8,525/- as the price for the clothes and to sell the same to A.3. Then within a short while, the deceased again called P.W. 1 over phone and informed that A.3 had taken only two shirts promising to visit again to purchase rest of the clothes. P.W. 1 instructed the deceased to sell the clothes to A.3 only after receiving the cost.
4. Around 4.00 pm on the same day, P.W. 1 tried to contact the deceased through her cell phone. But, the cell phone of the deceased was in a switched off mode. Then, at around 6.30 to 7.00 pm, as usual, P.W. 1 returned to his house. He was in possession of one of the keys for the outer gate of the house. With that key, he opened the lock of the outer gate and entered into the premises but, the main door of the house was found locked. Through the outside electricity switch, he put on the lights outside and went to the nearby Tea Shop, believing that the deceased had gone elsewhere in connection w
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