- (1.) This appeal has been filed against the judgment and order dated 23.04.2008 passed by the High Court of Judicature at Madras in Criminal Appeal No. 792 of 2007 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and confirmed the order of conviction and sentence dated 30.07.2007 passed by the Ist Additional Sessions Judge, Salem, in Sessions Case No. 56 of 2004.
(2.) Brief facts: (a) The marriage of Vijayalakshmi (the deceased) and Thiruselvam was solemnized on 06.09.2001 at Murugan Nagar, Zerinakadu, Yercaud, Tamil Nadu. After the marriage, she was staying at her matrimonial home in a joint family consisting of her husband, Krishnan (father-in-law), Chellammal (mother-in-law) and Kumar-the appellant/accused, brother-in-law of the deceased. After one year of the marriage, a baby girl was born out of the said wedlock. (b) It is the case of the prosecution that after the birth of the girl child, the deceased was harassed and tortured by her husband and in-laws to bring money from her parents in order to take care of the baby. On several occasions, she was forced and even harassed to arrange money from her paternal home in order to fulfill the demand of dowry. In addition to this, her brother-in-law, Kumar (the appellant-accused) had bad intentions towards her. (c) On 15.08.2003, at 2.00 p.m., the deceased called her brother Chandrabose (PW-1) over phone and informed him that her husband and in-laws are torturing her for the money and asked him to bring the money immediately, within one hour, failing which, she would kill her and her child. Since she disconnected the phone immediately, PW-1 tried to contact her but he could not get it. Thereafter, he spoke to his sister-in-law - Mariyayi (PW-3) about the same and asked her to visit the house of the deceased. At 3.30 p.m., PW-1 got a call from his elder brother that Vijayalakshmi and her baby died due to burn injuries. On the same day, PW- 1 registered a complaint with the Yercaud Police Station which was registered as Crime No. 350/2003 under Sections 498A and 304B of the Indian Penal Code, 1860 (in short "IPC"). Taking note of the death of a 13 months' old baby along with her mother by burning in the matrimonial home, the Superintendent of Police, Yercaud, himself took up the investigation. After one week of the said incident, it was published in the newspapers that the deceased had not committed suicide but it was a case of murder. (d) During investigation, the role of the appellant-accused came to light whose intention was to rape her sister-in-law and, on the fateful day, when she was alone, he even attempted to have sexual intercourse with her. When Vijayalakshmi resisted him, he struck a blow with 'poorikatai' on her head due to which she fell unconscious. Taking undue advantage of her condition, the appellant-accused had sexual intercourse with her. Immediately thereafter, he attacked her 13 months' old baby-Srimathi who was playing nearby by giving a forcible punch on her face on account of which she also became unconscious. (e) It was further revealed during investigation that the appellant- accused with the intention of causing disappearance of evidence and in order to show it a suicidal case, caused death of Vijayalakshmi and her daughter by pouring kerosene and set them on fire. It was also revealed during investigation that the appellant-accused arranged kerosene for the same from one Selvi (PW-2) - the neighbour, on the pretext of cleaning a machine. He also narrated the whole incident to her and even threatened her to give a call to PW-1 impersonating the deceased, which she did. (f) On the basis of the above said investigation, a chargesheet was filed against the appellant herein under Sections 376, 302, 302/201 and 506(2) of IPC and the case was committed to the court of Ist Additional Sessions Judge, Salem which was numbered as Sessions Case No.56 of 2004. (g) The Additional Sessions Judge, by judgment dated 30.07.2007, convicted the appellant-accused under Sections 376, 302, 302 read with 201 and 506 IPC and sentenced him to undergo rigorous imprisonment (RI) for 7 years along with a fine of Rs.5,000/-, in default, to further undergo RI for 1 year for the offence punishable under Section 376 of IPC. He was further sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/-, in default, to further undergo RI for 1 year for the offence under Section 302 of IPC. Further, he was sentenced to undergo RI for 2 years along with a fine of Rs. 1,000/-, in default, to further undergo RI for 1 month for the offence under Section 201 of IPC for screening the evidence of rape and murder. He was further sentenced to RI for 7 years along with a fine of Rs. 2,000/-, in default, to undergo RI for one year for the offence under Section 506(2) of IPC. (h) Challenging the said order, the appellant-accused filed Criminal Appeal No. 792 of 2007 before the High Court. By impugned judgment dated 23.04.2008, the High Court dismissed the said appeal and confirmed the conviction and sentence imposed on the appellant-accused by the trial Court. (i) Aggrieved by the said order, the appellant-accused has filed this appeal by way of special leave before this Court.
(3.) Heard Mr. V. Krishnamurthy, learned senior counsel for the appellant- accused and Mr. Subramonium Prasad, learned Additional Advocate General for the respondent-State. Contentions:;