- (1.) Special leave to appeals granted. Heard the learned counsel, Sri Raju Ramachandran amicus curiae for the appellants and Sri V. Krishnamurthy, the learned Standing Counsel for the State. The appellants Sevaka Perumal and Isakkimuthu for short 'A- 1'and'A-2'in Appeal arising out of S. L.P. (Crl.) No. 1842/90 are accused in Sessions Case No. 283 of 1986 on the file of the Addl. Sessions Judge, Tirunelveli Sessions Division and appellants in Criminal Appeal No. 594 of 1989 and R. T. No. 4 of 1989 by judgment dated June 14, 1990 of the High Court of Madras. Criminal Appeal arises out of S.L.P. (Crl.) No. 1841/ 90; Sessions Case No. 284 of 1986 of the same Sessions Division and Criminal Appeal No. 593 and R. T. No. 5 of 1989 dated June 14, 1990 of the Madras High Court respectively, A-1 is the appellant. In each case the Sessions Court convicted them under Ss. 120B, 364, 392 read with S. 397; S. 302 read with S. 34, I.P.C. and sentenced to death. In Crl. Appeal No. 594 of 1989 and R. T. No. 4 of 1989, the High Court confirmed the conviction and sentence of death of both the appellants. In Crl. Appeal No. 593 of 1989 and R. T. No. 5 of 1989, the High Court confirmed the conviction and sentence of death of the A-1 and acquitted A-2 of all the charges.
(2.) The case of the prosecution in brief is that the appellants and PW-1, the approver belonged to Kidarakulam village and became friends. A-1 used to bring money from the timber shop of his brother-in-law (PW 4) in Sessions Case No. 284/ 86 in whose shop A- 1 had worked. They used to go to various places. A-1 used to purchase ganja from Chenglpatai and other places and A-1 and A-2 used to sell them. Yet they did not have enough money to spend lavishly. They attempted to commit theft in the localities but became impracticable. Therefore, they conspired to entice boys from affluent families to bring cash and jewellery from their houses; take them to far away places; take their money or jewellery and to murder them for gain. Pursuant thereto in 1978 they murdered one Athiappan; in 1981 one Chelladurai; in March, 1982 one Hariramchandran and in 1983 one Christodas. In Sessions Case No. 283/ 86, the deceased boy is Athiappan. In Sessions Case No. 284/ 86, the deceased boy is Hariramchandran. Sessions Case No. 282/86 on the file of the Sessions Court, Madurai Division relates to deceased Chelladurai. Therein also we are informed that the appellants were convicted but on appeal they were acquitted. In Sessions Case relating to the death of Christodas, it was also ended in conviction and sentence of death was imposed on the appellants and is pending confirmation in the High Court.
(3.) It is sufficient to set out the material fact leaving out the minor details in Sessions Case No. 284/ 86 to meet the points raised by the counsel for the appellants. A-1 enticed the deceased, Hariramchandran, his nephew (elder sister PW-2' son) to bring jewellery from the house of PW-2 and PW-4. The appellants and PW-1 took him to Madurai. On the way the deceased went to the house of PW-3 and handed over one chain to be delivered to his mother and took M. 0. 1 chain with him. A-1 had taken a room in the lodge at Madurai run by PW-16. On coming to know that they were staying in Madurai, PW2, PW-4, her husband and PW-3 went to the lodge and the deceased was found thereat. He informed them that the chain was with A-1 and he would come in the evening at 8.00 p.m. After waiting for some time and when it was getting dark, the ladies went away asking PW4 to get the chain and the deceased after A-I's arrival. While PW-4 was waiting the deceased went down stairs and after A-I's arrival told him of his mother's coming etc. and from there they went away to Madras, and having come to know that they left the place PW-4 left to his village. On the next day they returned to Madurai. From there they went to Usilampatti and A-1 then purchased a knife at the Bus Stand without the knowledge of the deceased and proceeded to Peraiyar Road. They sat near a jungle stream. While A- 1 and the deceased Hariramchandran were sitting near a stone on the southern side of the road, A-2 and PW-1 were standing at a distance, A- 1 stabbed Hariramchandran in his stomach with a knife and the deceased collapsed on the stone. A-1 threw away the knife in the river. He threw the deceased in the nearby well and washed his hands and legs in the stream. They returned to Usilampatti Bus Stand. From there they came to Madurai. A-1 sold M.0. 1 chain to PW-24 and gave one hundred rupees each to PW-1 and A-2. This evidence of P.W-1 received sufficient corroboration from the evidence of prosecution witnesses.;