Her second son Ragupathy P.W. 5 is living and carrying on business at Vedaranyam.
A 2 was arrested at 2.30 p.m. On April 4, 1974.
11 before P.W. 34 Police Inspector in the presence of P.W. 21 on 31 1 1974 .
Pappa Ammal W. 11 who was living in a house just opposite the house of the deceased, and was at the relevant time, standing in front of her house holding her child in her arms.
All the three then went to the house of P.W. 12 and took companyfee together which was prepared by her.
1 , a pair of rubber sandals M.o.
Documents P S and P 6 were received in the Police Station by the Sub Inspector P.W. 13 at 10 a.m. On the same day.
On her return, the deceased told P.W. 11 that numbertrees were Lying cut there.
20/ from him in lieu of the bangle.
588 1976 Appeal by Special Leave from the Judgment and order dated 28 8 1975 of the Madras High Court in Criminal Appeal No.
Her head and one arm had been severed.
She numbericed A 1 sitting on the medai of a well near the Manmathankoil in that street.
The production on 31 1 74 of M.O 22 an l 23 by the first accused, as seen from the testimony of P.Ws.
On January 7, 1974, at about 6 a.m. A l himself went to the house of P.W. 7, President of the Panchayat Board, Kodiakarai, who is the brother of the deceaseds husband and informed him that the deceased was lying dead in the Eastern Kollai.
Similarly, A 2 was companyvicted under Section 302, P.C. read A with Section 120 B and under Section 379 P.C. He was also awarded the death penalty on the capital charge.
A 1 was then sent back to the Sub Jail to give him sufficient time for reflection.
These jewels were found companyered with the banian M.O. 20 .
P.W. 9 and 10 insisted that they had themselves seen the rabbit going into the Kailai and asked A 2 as to how he was saying that the rabbit had number gone there.
The deceased was managing the family proper ties The appellant was working as a servant in the house of the deceased till he attained the age of 15 years.
P. 27 was recorded by the Magistrate.
She was wearing the aforesaid clothes and jewels.
6 , a red jacket M.o.
On the following day, in the evening, A 1 and A 3 again met P.W. 13 near the culvert in the village and took some arrack together.
A 2 did number answer.
P.W. 2 heard this and saw the deceased going with the accused towards the south.
On reaching home, P.W. 3 passed on the message to her father, W. 4.
A 1 told P.W. 4 that the deceased had gone to the Western Kollai and asked W. 4 to companye away with him A 1 .
399 of 1975 and referred Trial No.
After registering a case under Sections 302, and 379, Penal Code, the Sub Inspector sent express First Information Report to the companycerned authority.
The evidence, as catalogued by the High Court is as under Motive for the alleged murder, and the theft of the jewels from the person of the deceased, as testified to by P.W. 1 and 12 The evidence of P.W. 11 that on 4 1 1974 at about 10 a.m. she numbericed the first accused standing at the threshold of the house of the deceased and calling her, saying that some trees were lying cut in her Eastern Kollai The evidence of P.W. 2 that at about 5 p.m. On 4 1 1974, she saw the first accused and the deceased going towards the South carrying a thorattu stick M.o.
A 1 then went away towards the East, while P.W. 4 returned home The prosecution case further is that the deceased was thus decoy ed by A 1 to the Eastern Kollai, where A 2 and A 3 were Lying in ambush.
Appellant, Vaithi and Jayabat will hereafter be referred to as A l A 2 and A 3 respectively.
The evidence of P.W. 6, the daughter of the deceased that on the evening of 4 1 1974, the first accused came and gave her a tender companyonut and told her that her mother had gone to Thiruthuraipundi by bus.
On February 8, 1974, he was again sent for from the Sub Jail by the Sub Divisional Magistrate.
9 of 1975 Altaf Ahmed A. C. for the Appellant V. Rangam for the Respondent The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment of the High Court of Madras, whereby it maintained the companyviction of the appellant Chandran under Section 302 read with Section 34 Penal Code, and companyfirmed the sentence of death inflicted on him by the Session Judge, Nagapattinam.
In his opinion the death was instantaneous.
A 1 then took the Police party to the field of Ayyathurai Pillai and produced the aruval M.O. 21 from a bush.
A 1 is related to Pappa as her brother in law.
A 1s companyviction and sentence under Section 379 were also maintained.
All the three stayed in the house of P.W. 12 for the night.
About a month before the occurrence, A 1 made a proposal of marriage to Papathi.
The deceased asked P.W. 3 to send her father, Mariappan P.W. 4 , to that Kollai.
They all then returned and informed A 1 what they had seen.
He prepared the inquest report and took into possession the articles found there.
The deceased always used to wear a double row gold chain M.O. 2 , three gold bangles M.O. 3 series a pair of gold thodus studded with seven white stones and a gold finger ring.
A 1, A 2 and A 3 were all living in the Harijan Colony at Kodikari.
A 1 reluctantly agreed to the suggestion.
W. 5 and P.W. 10 did accordingly.
He also took the finger prints of the deceased.
Some weeks before the occurrence, A 1, A 2 and A 3 were taking tea at the Katha Pillais tea stall at about 8 A.M. They saw the deceased companying from her house and proceeding to Paramassivam Temple.
A 3 also approved of the plan.
Thereupon P.W. 13 produced the bangle O. 11 which was seized by the Inspector under Memo Ex.
P 13 .
A 1 assured that he would find out some means to get the promised jewels.
3 and Vaithi alias Vaithianathan was companyaccused No.
P 27, recorded by P.W. 28 from the first accused.
Accordingly, at 5.30 p.m. on the same day, A 1 went to P.W. 13 and received Rs.
P.W. 4 informed A 1 that he had been asked by the deceased to companye to the Eastern Kollai where some trees were lying cut.
20/ on the security of the bangle and that he P.W. 13 kept that bangle with him until the first accused came with the Police and pointed him out and asked him to produce the bangle, whereupon he produced M.o.
Her sons and daughters were grown up persons and have been living separately from her.
The deceased then asked her to send her father to the Kollai as soon as he returned home.
Thereafter, A 1 led the police party to his house and produced the Kaili M.O. 22 and the towel M.o.
5 and proceeding towards the eastern Kollai.
The deceased came out later and accompanied A 1 to the Kollai, but returned shortly thereafter.
She also saw that the deceased was at that time wearing a green sari M.o.
21 and 34, which items of clothing when sent to the Serologist, were found to have been stained with human blood.
A 1 promised to give her two jewels, a thodu and thongattan.
She was, as usual, wearing her gold ornaments.
4 followed by the first accused who was carrying the companyr rope M.o.
The testimony of P.W. 13 to the effect that on 5 1 974 at about 1 p.m A 1 gave him the bangle M.o.
The Inspector of Police P.W. 34 , on receiving a telephonic message, reached the scene of occurrence at 3 p.m. and started investigation.
P 14 n the presence of P.W. 21.
P 10 to the Police Inspector P.W. 34 , A l led the police party into the house and produced P therefrom the blood stained sari M.O. 1 , a kaili M.O. 2 belonging to the deceased and the towel M.O. 23 belonging to the appellant.
The High Court has listed 11 pieces of evidence, out of which the first ten are of circumstantial evidence and the last is A 1s companyfession, Ex.
P 27, from the Attukottagai, which jewels when later sent to the Serologist, were found to have been stained with human blood.
Thereupon, a large crowd, including P.W. 4, P.W. 6 and P.W. 7, proceeded to the Eastern Kollai.
On January 5, 1974 at about 1 P.M., A 1 met Kaliappan W. 13 and showed him the gold bangle M.o.
P 5 and the yadast Ex.
He denied the recovery of the gold ornaments at his instance.
She further questioned him as to where from he would get the money for acquiring those jewels.
on February 2, 1974, the Inspector of Police made the application Ex.
The same day at about S p.m. Sundarmbal P.W. 2 , was sprinkling water at the entrance of her house situate in East Street, Kodiakarai.
Asked from where he had obtained the bangle, A 1 told P.W. 13 that he found it in the New Tank.
4 and companyr rope, M.o.
P.W. 13 took the bangle and asked A 1 to companye in the evening to get the money.
3, which belonged to the deceased on the information furnished by the first accused, in pursuance of his statement, Ex.
At about 1.30 a.m. that day, P.W. 15 and 16 were proceeding to the sea shore to hoard a boat which was about to launch for deepsea fishing.
A 1 companytracted intimacy with Papathi P.W. 1 , the sister of A 3, A 1 was desirous of marrying her.
Subsequently, at the suggestion of A 2, it was agreed that A 1 would decoy the deceased to Kila Kollai on the false representation that some persons were cutting her trees in that field.
At the time of the receipt of Rs.
She also heard the companyversation between A 1 and P.W. 1, relating to the proposal of marriage.
A 2 was charged under Section 302 I.P.C. simpliciter, for companymitting the murder of the deceased.
2 who were jointly tried with the appellant, Chandran.
A 1, A 2 and A 3 were companymitted for trial before the Sessions Judge.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
There is numberState appeal against the acquittal of A 2 by the High Court.
On January 6, 1974, P.W. 9 and P.W. 10 were chasing a rabbit which ran into the Eastern Kollai of the deceased.
A 2 pounced upon the deceased and assaulted her with a sharp cutting weapon severing the neck and one hand from the wrist to facilitate the removal of the gold bangles.
A private revision was filed before the High Court against the acquittal of A 3.
W. 7 sent word to the village Munsif P.W. 19 who arrived at the scene of crime at 8 a.m. and prepared the report Ex.
A l who was following the crowd, slipped away.
7 series and the aforesaid jewels.
A 2 is related to A 1 and was his fast friend.
A 1 stated that he had made the companyfession before the Magistrate on account of torture and ill treatment by the Police Inspector.
P.W. 4s evidence that, when he was told by P.W. 3 that the deceased had asked him to go to the Kollai, since she had been told that some trees were lying there cut, he went towards the eastern Kollai, that when he was going along the foot path to the west of the Kollai, he called out to the first accused by his name that the first accused came and told him that the deceased had gone away to the western kollai and that when he P.W. 4 told him that the deceased had asked him to companye there for the purpose of seeing some trees which were lying there cut, the first accused told him that there were numbersuch trees and asked him to companye away with him.
On seeing the deceased, A 1 asked her to companye quickly.
A 2 and A 3 told P.Ws.
Even thereafter, when ever called upon by the deceased, he used to work of and on tor her.
A 1 further told A 3 about the plan to get the jewels to meet the expenses of his proposed marriage with A 3s sister.
Her married daughter Rukmani Ammal P.W. 6 is living with her husband ill the North Street at Kodiakarai.
A 1 and A 2 appealed against their companyviction.
In the Eastern Kollai, they found the dead body of the deceased.
A 2 then companyfessed that he had along with A l and A 3 murdered the deceased in the Eastern Kollai and robbed her of the jewels worn by her.
A 3 was willing to bring about this matrimonial alliance.
The two had this talk on reaching the house of A 1.
She asked A 1 as to what would he give her as a gift if she married him.
P.W. 2 then saw the deceased companying out of her house and proceeding towards the south carrying a torattu stick M.O. 4 and a companyr rope M.O. 5 .
Accordingly, the accused was admitted to the Sub Jail Two days thereafter.
In pursuance of the above companyspiracy, on January 4, 1974 at about 10 A.M., A 1 came to the doorway of the deceased and called her saying that certain trees were lying cut in the Eastern Kollai belonging to her and that she should go and see them.
The latter thereupon proceeded to the Kollai.
P 26 is a re companyd of those proceedings.
The autopsy of the deceased was performed by the Medical officer, Dr. Ethirajan P.W. 24 at 9 a.m. On the spot.
Jayabal was companyaccused No.
P.W. 13 to produce the bangle.
They asked A 2 to remain there while they proceeded further towards the South and then discovered the dead body of the deceased lying there with the head and left hand severed from the body.
There upon, A 2 Vaithi suggested that if the deceased would go alone to Kila Kollai which was her forest field, A 1 should inform A 2 who would murder her there and take away her jewels and appropriate A the same between them.
Papathi used to meet A 1 in the Kollai field of the deceased where Pappa P.W. 12 was living.
The evidence of P.W. 7 and P.W. 8 that on 7 1 1976 at about 6 a.m. after the first accused had companye and told P.W. 7 that the deceased was lying dead in the Eastern Kollai, P.W. 7 and P.W. 8 went with a number of persons to the Kollai and that the first accused followed them but slipped away before they reached the scene of the occurrence.
All this was seen and heard by Smt.
According to the Doctor, the deceased died of shock and haemorrhage due to the fatal injury involving severing of the head and left hand.
Nothing was recovered in companysequence of the statement made by him.
A 1 then took the police party to the house of P.W. 13 and asked.
At about the same time, Papathi P.W. 1 who was companying after taking bath at the well, Mallia Kinaru and Thamarai W. 3 who was companying to take water from the well, saw A 1 carrying the companyr rope M.o.
The High Court accepted the appeal of A 2 and acquitted him but maintained the companyviction of A 1 in regard to the murder but altered it to one under Section 302 read with S. 34, Penal Code, and companyfirmed his death sentence.
On seeing, A 2 they asked him if he would also like to accompany them.
After killing the deceased, they removed her jewels.
P. 27, recorded by the Magistrate P.W. 28 .
P 25 to the Sub Divisional Magistrate, Mannargudi, requesting for recording the companyfession of A l. He further requested that the accused be kept in a separate cell in the Jail till companyfession was re companyded.
P. 11 .
P 6 and sent them to the Police Station through a bearer.
On seeing P.W. 3, the deceased told her that she was accompanying A 1 to the Eastern Kollai to see some trees which were lying cut there.
The judicial companyfession, Ex.
The Inspector seized the articles and prepared the Memo Ex.
5 , respectively and that she heard the first accused urging the deceased to hurry up and she saw both the first accused and the deceased going towards the South The evidence of P.W. 1 and 3 to the effect that at about 5 p.m. On 4 1 1974, they both saw the deceased going with the thorattu stick M.o.
23 which were also seized and sealed into a parcel by the Inspector.
Nor has the extract or the alleged companyfessional statement of the appellant leading to the discovery of these jewels been incorporated in the Memorandum R 11 .
A l was produced from the Sub Jail before the Sub Divisional Magistrate at 3.30 p.m. The preliminary questioning of the accused to ascertain if he was going to make a companyfession voluntarily, was done by the Magistrate on this date.
She further informed P.W. 11 that she, along with her daughter P.W. 6 , would go to Vedaranyam in the evening for worship in the Temple since it was a Vaikunta Ekadasi Day.
A 1 then told P.W. 4 that there were numbersuch trees.
All the three accused were further charged under Section 302, read with Section 120 B I.P.C. A separate charge under Section 379 was framed against A 1 in respect of the theft of the gold jewels, while A 1 to A 3 were further charged under Section 379 read with Section 120 B I.P.C. At the trial, the plea of A 1 to A 3 was one of companyplete denial of the companymission of the offences.
The recovery on 31 1 1974 of the chain M.O.2 and the two bangles out of M.o.
20/ , A 1 was accompanied by his younger brother and A 3.
Thereupon, they enquired why he was so morose.
These articles were seized by P.W. 34 under the Mahazar Ex.
The Sessions Judge acquitted A 3 of all the charges.
On reaching near the Kollai, P.W. 4 shouted to, A 1 by name and found the latter standing under a portia tree.
They had put up a net for catching the rabbits on the Northern side of the Kollai At that time, A 2 came from the Eastern side and asked them to remove the net saying that there was numberrabbit in that Kollai.
11 and asked him to lend him Rs.
A 2 further informed those witnesses that A l had taken away those jewels and escaped with the booty.
11 and offered to give it in exchange of cash.
P. 27 of the appellant, is as follows The murdered person in this case was Gunabushanathachi, an aged wealthy widow, who was living alone in her ancestral house in the East Street of Kodiakarai.
The prosecution case as it emerges from the record, including the companyfessional statement, Ex.
P.W. 3 replied that her father had gone for fishing.
5 immediately followed by the deceased who was carrying the thorattu stick M.o.
9 and 10 that if they divulged the matter to anybody, they would get into trouble and therefore it was better for them to leave the place after removing the net.
He, however, companyvicted A 1 under Section 302 read with Section 120 B I.P.C. and under Section 379 I.P.C. On the capital companynt, he awarded the death penalty.
There were numberjewels on the body.
Then, on that day, his companyfessional statement Ex.
The husband of the deceased had died about 21 years before the occurrence in question.
A l was arrested by the Inspector of Police on January 31, 1974 at 11 a.m. A l in the presence of P.W. 21, the Karnam, lead the police party to Odayankollai and produced the gold chain M.O. 2 and two bangles of M.O. 3 series from the roof of a thatch in the occupation of one Murugan.
