CHELLADURAI Vs. STATE

JUDGEMENT

(1.) THE. appellant in Crl.A. No. 528 of 2002 (who will hereinafter be called "the accused") stands convicted by the Additional Sessions Judge-cum-Chief Judicial Magistrate, Thoothukudi in S.C. No.91 of 2000 for offences under Secs.366(A), 376(2)(f) and 302, I.P.C and was sentenced to undergo R.I. for 7 years, imprisonment for life and death respectively. THE learned Sessions Judge, after sentencing him to death, has forwarded the judgment under Sec. 366(1), Crl.P.C. for confirmation. Since the criminal appeal and the referred trial relate to the same single judgment, the following common judgment is passed.

(2.) P.W.1 Mariappan is a resident of Thangammalpuram. P.W.2 is his wife. The deceased Indumathi was his daughter. The deceased was then aged about 8 years and she was studying in "Balar Palli". P.W.1 was working as a fitter in Rotomax Company. P.W.2, wife of P.W. 1 was working in salt quaters. P.W. 1 used to return home after the day's work at about 9 p.m. and P.W.2 used to go home at 6 p.m.. On 31.1.1998, at about 6 p.m., P.W.2 came home after her day's work and found her daughter not available in the house. When, at about 9 p.m., P.W. 1 returned home, she informed P.W. 1 about the missing of their daughter. Thereafter, P.Ws. 1 and 2 searched for their daughter and on the way, they went to the northern side of the village where circus was going on. There, they met P.W. 5 Periyasamy, who informed them that the deceased was playing with P.W. 3 Karpagavalli alias Sakthigani, P.W.4 Muthumari and other children, and he had also seen the accused playing with them. Taking this clue, they went to the house of the accused Chelladurai at about 12 midnight. Since the accused was not available in his house, they questioned the wife of the accused, who replied that her husband had not returned home. Thereafter, they searched at several places.

(3.) THE Inspector continued his investigation, examined other witnesses and at about 5 p.m. on 2.2.1998, arrested the accused, recorded his statement and at his instance, recovered M.O.3 cycle, M.O.4 shirt stained with blood and M.O.5 lungi stained with blood. THEreafter, on 3.2.1998, he forwarded the accused for remand with a requisition to subject him to medical examination to ascertain his potency.