BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2024 CORAM THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.A.(MD).No.185 of 2020 Sathishkumar .. Appellant/Accused No.1 Vs.

State through The Inspector of Police, Aeral Police Station, Tirunelveli District.

(Crime No.350/2015) .. Respondent/Complainant PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the records connected to the judgment in S.C.No.21 of 2017 on the file of the I Additional District Sessions Judge, Thoothukudi dated 26.07.2019 and set aside the conviction and sentence imposed against the appellant.

For Appellant : Mr.R.Alagumani For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor

JUDGMENT

(Judgment of the Court was made by A.D.JAGADISH CHANDIRA,J.)

This Criminal Appeal is filed against the judgment dated 26.07.2019 passed in S.C.No.21 of 2017, by the learned I Additional District Sessions Judge, Thoothukudi.

2. The Trial Court framed the charges against the accused, as detailed below:

Accused Penal Provision A1 & A2 302, 120(b), 450 and 380 IPC

3. By judgment dated 26.07.2019, the Trial Court convicted the appellant/A1 and sentenced him, as detailed below:

Section of Law	Sentence of imprisonment	Fine amount
302 IPC	life imprisonment	Rs.1000/- in default to undergo six months rigorous imprisonment

380 IPC	5 years rigorous imprisonment	Rs.1000/- in default to undergo six months rigorous imprisonment
120(b) IPC	Life imprisonment	Rs.1000/- in default to undergo six months rigorous imprisonment
450 IPC	7 years rigorous imprisonment	Rs.1000/- in default to undergo six months rigorous imprisonment

The sentences imposed on the accused were ordered to run concurrently.

Since A2 and A3 died, the charges framed against them were abated.

4. The case of the prosecution is as under:

4.1. The deceased Thangakani was residing as a tenant in the house of P.W.11. She was a widow and she had no children and her siblings were residing elsewhere. The deceased Thangakani was working as a labourer under P.W.14 and that she used to have financial transactions with her co-workers and she used to wear earrings along with chain. The accused and the deceased are co-workers. The appellant/A1 had received a sum of Rs.10,000/- as loan from the deceased and on 13.12.2015, at about 10.00 AM, the deceased had gone to vegetable shop to purchase vegetables, at that time, the deceased had seen the appellant and asked for return of her money or otherwise to give his house document as security. During that time, there was a quarrel between the appellant and the deceased and due to the quarrel, the appellant nurtured enmity against the deceased. On 19.12.2015 at about 22.30 hours, the appellant/A1 along with two other accused persons, who are his friends, went to the house of the deceased in the Bajaj Discover motorcycle belonging to A3 and they trespassed into the house and murdered the deceased by forcibly suffocating her with a pillow and had stolen the gold studs and mobile phone belonging to the deceased.

4.2. Based on the complaint given by P.W.1, sister of the deceased, that her sister was found dead, the Special S.I. Boomiraj registered a case in Crime No.350 of 2015 for the offences under Sections 450, 302 and 380 IPC on 20.12.2015 and he handed over the FIR and other connected records to P.W.27, Inspector of Police at 10.45 AM.

4.3. P.W.27, on receipt of the FIR, took up the investigation and had visited the place of occurrence and examined Kanagaraj (P.W.8) and one Natarajan and in their presence, prepared observation mahazar Ex.P2 and rough sketch Ex.P19. Thereafter, he had summoned the fingerprint expert, sniffer dog squad and the mobile forensic officer and in their presence, he examined the place of occurrence. At 12.00 noon, he conducted inquest in the presence of the witnesses, house owner, Pushpalatha (P.W.7), Murugan (not examined), Petchiyammal (not examined)

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