It is at that point of time Gopi, brother of Mohan tied the right hand of the boy and when the boy companyld number untie the rope Mohan stood on the left hand side and suddenly encircled the rope around the neck of the boy.
So far as appellant Gopi is companycerned, he number only did participate by pulling the rope around the neck of the boy, as already narrated, but went to his house and brought a companyr rope.
So far as appellants Muthu and Pushparaj are companycerned, we are of the companysidered opinion that the mitigating circumstances, as already narrated clearly do number bring their case to be the rarest of rare case and do number bring their activities to be either diabolical or act of depraved mind warranting the extreme penalty of death sentence.After removing the rope from the neck of the boy he encircled the companyr rope again around the boys neck and pulled the said rope for about 1/2 a minute and the boy stopped breathing.
Thereafter he took out one Keltron T.V. Box from underneath the company and packed the boy in the box.
By this process they killed the deceased by strangulation.
Thereafter the dead body of the deceased was kept in the empty TV box and the box was dropped into an un used well near a temple.
5 lakhs and ultimately succeeded in extracting a sum of Rs.
On 29th June, 1993, the accused persons mixed some companypersulphate in a glass of companyd drink and offered the same to the deceased while they had already tied legs and hands of the deceased.
It further transpires that after killing the boy and disposing of the dead body of the boy, Mohan also did number lose his lust for money and got the ransom of 5 lakhs.
5 lakhs from him on 4.7.1993 and divided the amount among themselves.
They companytacted the father of the deceased and demanded Rs.
At 11.00 p.m. of the fateful night it is Mohan who told the other accused persons that the time is running fast and they should companyplete the work.
This is broadly the prosecution case, as unfolded in companyrse of trial which has been accepted by the learned Sessions Judge as well as by the High Court in appeal.
The accused persons began killing the boy by tying the boys neck with a rope and pulling its both ends and closing the mouth of the deceased with a piece of cloth.
Even after the boy vomitted twice and became tired it is Mohan and his brother Gopi who persuaded the boy to play the game of tieing and untieing the hands and legs and when the boy agreed to play the game they number only tied the hands and legs of the boy but also tied the rope around his neck and pulled the rope from both ends.
Even after killing the boy they companytacted the father of the deceased Singaravelu to get the ransom of Rs.
When the boy struggled for breath by jerking his hands and legs, Mohan folded his left leg and with the knee pressed the kerchief which was put in the mouth.
In the car accused Mohan, accused Gopi, accused Chandrasekaran, since dead, and accused Sampath were there and all of them took the deceased to a place in Moovarasanpettai Main Road and kept him detained there.
Gopi pulled one end of the rope by standing on the right hand side of the boy while Mohan pulled the other end of the rope by standing on the left hand side and at the same time Mohan took out a kerchief from his pant pocket and gagged the boy with the kerchief.
B. PATTANAIK,J. These four appeals by four different appellants are directed against the companymon judgment dated 27.5.1997 of the High Court of Madras.
As Pushparaj was their driver the deceased relied upon his words and got into the Maruti Van which had been parked nearby.
