Crl.A.(MD)No.82 of 2019

BAIL SLIP

The appellant/Accused namely 1) Muthulakshmi, W/o. Ganesan

2)Ramesh, S/o. Thangavel were released on bail as per order of this

Court dated 09.11.2020 and made in CRL MP(MD).590 and 592 OF 2020 in

CRL A(MD).82 OF 2019 on the file of this court.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 22.02.2022

DELIVERED ON : 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

Crl.A.(MD)No.82 of 2019

1.Muthulakshmi, W/o. Ganesan

2.Ramesh, S/o. Thangavel

... Appellants / Accused 1 & 2

Vs.

The Inspector of Police,

Pattukkottai Police Station,

Thanjavur District.

(Crime No.364 of 2009)

... Respondent / complainant.

PRAYER: Criminal Appeal filed under Section 374 of Cr.P.C. against

the judgment of conviction and sentence passed by the learned III

Additional District & Sessions Judge, Pattukottai, Thanjavur

District made in S.C.No.74 of 2014 dated 14.08.2018.

For Appellants

: Mr.V.Kathirvelu,

Senior Counsel for Mr.K.Prabhu

For Respondent

: Mr.T.Senthilkumar,

Additional Public Prosecutor.

JUDGMENT

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR, J.

The appellants 1 and 2 / A1 & A2 along with one Kumaresan and

Suresh (A3 and A4 respectively) were tried before the learned III

Additional District and Sessions Judge, Pattukottai, Thanjavur

District in S.C.No.74 of 2014 for the offence under Sections 109 r/w

302 I.P.C. (against A1), 364 I.P.C. (against A2), 302 (against A2 &

A3) and 201 r/w 302 I.P.C. (against A1, A3 & A4). The trial Court

vide Judgment dated 14.08.2018, while acquitting A3 and A4 from the

charges framed against them, found the appellants / A1 and A2 guilty

for the said offence. The conviction and sentence imposed on the

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Crl.A.(MD)No.82 of 2019

appellants / A1 & A2 are as follows:

Conviction U/s.

Sentence

Fine amount

A-1

109 r/w 302 IPC

To undergo life

imprisonment

To pay a fine of

Rs.5,000/-, in default,

to undergo six months

simple imprisonment.

201 r/w 302 IPC

To undergo three

years rigorous

imprisonment

To pay a fine of

Rs.1,000/-, in default,

to undergo three months

simple imprisonment.

A-2

364 IPC

To undergo three

years rigorous

imprisonment

To pay a fine of

Rs.1,000/-, in default,

to undergo three months

simple imprisonment.

302 IPC

To undergo life

imprisonment

To pay a fine of

Rs.5,000/-, in default,

to undergo six months

simple imprisonment.

(Both the sentences were directed to run concurrently.)

2. The brief facts of the prosecution is as follows:

(i) A1 is the wife of the deceased. A2 is the sister's husband

of A1. A3 and A4 are the brothers of A2. P.W.2 is the brother of

the deceased Ganesan. On 20.06.2009, one Dharmaraj, who is the

brother of the father-in-law of the deceased died. As the deceased-

Ganesan has not come to the funeral, P.W.2 asked A1 as to why, the

deceased has not come to the funeral of said Dharmarj. A1 told that

the deceased left to Singapore. Since A1 has informed others that

her husband already died, P.W.2 and others entertained a doubt.

Thereafter, on hearing a news that some dead body was found within

the jurisdiction of the Athirampattinam police station, they all

went to the said place and however, found that the same was not the

dead body of the deceased Ganesan. Thereafter, A1 confessed before

P.W.2 and others that A1 and A2 along with others gave brandy to the

deceased and murdered him and buried his body near the banks of

Aswini river. Thereafter A1 was handed over to the police and gave

a confession. Pursuant to the statement, the dead body was exhumed

in the presence of Tahsildar and others.

(ii) P.W.1 is the VAO. On 25.06.2009, A2 appeared before him

and confessed of killing the deceased. P.W.1 handed over the accused

A2 to police station. As the police has requested a written

statement, P.W.1 gave a complaint-Ex.P1 along wi