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2016 Supreme(Mad) 3875

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Nagamuthu and V. Bharathidasan, JJ.
Kannan @ Tamilazagan and others – Appellants
Versus
State rep by Inspector of Police, Coimbatore District – Respondent
Criminal Appeal No. 397 of 2015
Decided On : 15-07-2016

Advocates Appeared:
For the Appellants :Mr. Philip Ravindran Jesudoss, Advocate
For the Respondent: Mr. M. Maharaja Additional Public Prosecutor

Headnote:

Indian Penal Code, 1860 – Sections 302, 392, 376, 449 – Conviction – Appeal – Offence of Murder - Accused 1 to 3 herein, after having ascertained that the deceased alone was inside the house, trespassed into the house and all the three had made attempt to rape the deceased. In the said attempt, the second accused closed her mouth with his hands. The first and the third accused tied her hands behind, the second accused bite her right side breast and pressed her abdomen, neck and other parts and caused nail marks. The first accused bite her upper lips and squeezed her right side breast and the third accused, squeezed her left side breast and bite her on her lips. But, they could not succeeded in rapping the deceased – Held, first accused had come to know that the house of the deceased was given on mortgage and cash of Rs.3,00,000/- had been received by P.W.1 and the same was kept in the bureau. The injuries found on the breast, neck and other parts of the body of the deceased would go to show that the accused had made attempt to rape the deceased. From these circumstances, in our considered view, the prosecution has proved beyond any doubt that these two appellants along with the second accused had committed the heinous crimes as charged. The circumstances proved by the prosecution would form a complete chain without any missing link and unerringly point to the guilt of these two appellants. Thus, the trial Court was right in convicting these two appellants. There is no other hypothesis which would be inconsistent with their guilt – Appeal dismissed

JUDGMENT :

S. Nagamuthu, J.

The appellants/accused 1 and 3 in S.C. No. 208 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore. The second accused was one Mr. Swamiappan and the fourth accused was one Mrs. Renukadevi. The trial Court framed as many as five charges against the accused as detailed below:

Serial Number of charge

Charges framed against

Charges framed under Section

1

A1 to A3

449 of IPC

2

A1 to A3

376 r/w 511 of IPC

3

A1 to A3

392 of IPC

4

A1 to A3

302 of IPC

5

A4

414 of IPC

During the pendency of the trial, the second accused Mr. Swamiappan absconded and therefore the case against him was split up and being tried separately. By judgment dated 29.04.2015, the trial Court, acquitted the fourth accused, however convicted these two appellants/accused 1 and 3 under Sections 449, 376 r/w 511, 302 and 392 I.P.C. and sentenced them to undergo imprisonment for life and pay a fine of Rs.10,000/- each in default to undergo simple imprisonment for three months for offence under Section 449 I.P.C; to undergo rigorous imprisonment for five years and pay a fine of Rs.10,000/- each and in default to undergo simple imprisonment for three months for offence under Section 376 r/w 511 I.P.C.; to undergo imprisonment for life and pay a fine of Rs.25,000/- each and in default to undergo simple imprisonment for three months for offence under Section 302 I.P.C. and to undergo rigorous imprisonment for seven years and pay a fine of Rs.5,000/- each and in default to undergo simple imprisonment for three months for offence under Section 392 I.P.C. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

2. The case of the prosecution in brief is as follows:

2.1. The deceased in this case was a young girl by name Divya Mariya hardly aged about 17 years. P.W.1 is her father. P.W.1 was working in the Government hospital at Tirupur. The mother of the deceased was working as a teacher in a Government School at S.S. Kulam. The deceased had two brothers. One of the brothers was employed in All India Radio, Chennai and the other brother was studying in an Engineering College in Chennai. Thus, both the brothers of the deceased were staying in Chennai. P.W.1, his wife and the deceased were residing at No.10, Aruna Layout, Athipalayam, Santhi Road, Ganapathy, Coimbatore. P.W.1 and his wife used to leave their house in the morning to go to their respective office and to return in the evening. Thus, during the day time, after the departure of P.W.1 and his wife, the deceased alone used to be in the house.

2.2. On 12.07.2011, as usual, in the morning around 07.30 a.m. P.W.1 and his wife left the house. Thus, the deceased alone was in the house. At around 03.30 p.m., P.W.1 returned to his house from his office. He found the main door of the house simply closed without either locked from outside or bolted from inside. P.W.1 opened the door and went into the main hall of the house where to his shock, he found the dress and other properties in the house in a disarray. He called the deceased by name. But, there was no response. He went into the bedroom where he found the steel bureau left open. The dress and other materials in the bureau were found lying in the bedroom. The deceased was lying by the side of the cot in a pool of blood. Her hands and legs were tied with ropes. There were injuries on the body of the deceased. She was no more. P.W.1, in a state of shock, cried for help. Then, he informed his wife over phone at 05.00 p.m. He also found a gold chain weighing two sovereign, a pair of gold ear studs, two gold chains and four pairs of ear studs missing.

2.3. P.W.1 went to B9, Coimbatore City Crime Branch Police and made a complaint (vide Ex.P1). P.W.16 the then Special Sub Inspector of Police, on receipt of the said complaint,























































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