VIJAYAN ALIAS JAYAPANDIAN Vs. STATE

JUDGEMENT

(1.) A-1, Selvam, the appellant in Crl. A. No. 657 of 2007, A-2, Ramesh, the appellant in Crl. A. No. 689 of 2007, A-3 and A-5, Mariammal and Arul, the appellants in Crl. A. No. 692 of 2007 and A-4, Vijayan @ Jayapandian, the appellant in Crl. A. No. 626 of 2007 have preferred these appeals challenging their conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Court No. I, Chidambaram, in S. C. No. 323 of 2005 dated 29. 06. 2007 as they have been tried, convicted and sentenced in the following manner : <FRM>JUDGEMENT_2573_TLMAD0_2007Html1.htm</FRM> There are originally 8 accused have been charge sheeted. One of the accused, viz. , Kaliaperumal died before the commencement of the trial and the two other accused, viz. , Veeramani @ Veera and Guru @ Gurunathan @ Sivagurunathan @ Mahesh were absconding.

(2.) THE occurrence in this case is shown to have taken place on 02. 06. 1999 at 4. 00 p. m. in pursuance of the conspiracy hatched by A-1 to A-5 to kill the deceased Paramanantham, a Head Constable, as A-1 and the absconding accused Veeramani @ Veera armed with deadly weapon, viz. , iron pipes and while the deceased, Paramanantham, came in his scooter bearing Registration No. TN F 5785 taking the absconding accused Guru @ Gurunathan @ Sivagurunathan @ Mahesh in his scooter, A-1 and A-2 intercepted the deceased and prevented him to proceed further and the absconding accused Veeramani @ Veera saying that the deceased is not allowing them to sell the arrack and beat the deceased on his head with iron pipe and while the deceased got down from the scooter and attempted to run away from the scene, A-2 and the absconding accused Guru @ Gurunathan @ Sivagurunathan @ Mahesh caught hold of the deceased and again the absconding accused Veeramani @ Veera beat the deceased with the iron pipe on the back side of his head twice and the blows fell on the two hands of the deceased. A-1 beat the deceased on the back side of his head twice with the iron pipe and beat once on the left shoulder and the deceased fell down unconscious. The deceased/accused, Kaliaperumal and A-3 instigated the other accused to kill the deceased. After confirming that the deceased died A-1 asked Guru @ Gurunathan @ Sivagurunathan @ Mahesh to bring the auto of A-4 and the deceased/accused, Kaliaperumal and A-3 brought one gunny bag and A-1 also further strangulated the deceased with the coconut coir and the deceased/accused, Kaliaperumal and A-3 put the body of the deceased in the gunny bag and tied the same and A-1 took the body of the deceased in his scooter and put the same into the haystack in his garden and thereafter, A-1 and the absconding accused Guru @ Gurunathan @ Sivagurunathan @ Mahesh took the body and buried the same in a nearby 'kalam' of the field by digging a pit and they have also buried the gunny bag in the pit itself and the accused also thrown away the iron pipes and coconut coir on the backside of the Velikaruvanthope with a view to screen the offence and further they have hidden the TVS 50, spade and iron pipes after cleaning the same with the water in the hut of one Arumugam and the bloodstained clothes were hidden by the deceased/ accused, Kaliyaperumal, in the house of A-5.

(3.) THE prosecution, in order to bring home the charges against the accused examined as many as 39 witnesses, viz. , P. Ws. 1 to 39, filed Exs. P. 1 to P. 51 besides marking M. Os. 1 to 25.