Krishnamoorthy & Anr vs State By Inspector Of Police & Ors

2. The prosecution case in brief is that the deceased Dhanabagyam, a resident of Thippasamudram Village, went to her groundnut field on 5.10.1996. Mahadevan (PW-2) who was doing some work in a nearby field heard some noise in Dhanabagyam's field and saw A-1 (Vijayan) running from that field. PW-6 (Manavalan) who also belonged to Thippasamudram village, while going towards Kuchipalyam on a bicycle at about 12 Noon, saw two persons, each holding a stone running from east to west. He also saw two others running from West to East. At that time, he did not know that any mishap had occurred. At about 2.30 p.m., Suresh Kumar (PW-1), son of the deceased, went to the field with food for his mother. As he did not find her, he shouted her name and searched for her. As he could not find her, he came back to the house and searched for her. Thereafter around 4 to 4.30 p.m., he went back to the field along with one Padma (who was from the neighbouring field) and again searched for her mother. Then he found his mother lying dead on her back in the portion of the field containing some Toor (Thuvarai) plants. He noticed head injuries and blood oozing out. He also noticed that her Mangalsutra and ear-rings were missing. The bruise marks caused by snatching/pulling the Mangalsutra were visible on her neck and her ear was torn. He informed the incident to the villagers and thereafter the Pallikonda Police Station. On the strength of the complaint (Ex.P.1), the Inspector of Police, Pallikonda - Jothimani (PW-13) registered the First Information Report and took up investigation. In the presence of PW-3 and Subramani, he prepared an observation mahazar Ex.P.2 and rough sketch (Ex.P.22). Inquest Report was prepared as per Ex.P.31 and statements of some witnesses were also recorded. In the meanwhile, at about 5 p.m., while returning to the village, PW-6 learnt about the incident and saw the body. PW-6 went to Bangalore on the same day, and returned after four days and was questioned by the police. He told them about the four persons he saw on the day of the incident near the field of the deceased and that he knew them as they were from the neighbouring village.

5. Thereafter, on the information furnished by A-3, PW-13 and PW-4 along with A-3 went for recovering the stones used in the offence. On the way, A-3 identified A-1 and A-4 near the Forest Check Post, who were arrested by PW-13. A-1 and A-4 gave confessional statements voluntarily which were recorded as per Ex. P4 and P8 respectively. In pursuance of it, they were taken to their houses. A-1 produced the ear studs (MO3), which was recovered under mahazar Ex.P.10. A-4 produced the two gold coins (MO.4) from his house which were recovered under a mahazar Ex.P.11. At about 2 p.m., A-1, A-3 and A-4 identified A-2 who was arrested by PW-13. A-2 also gave a confessional statement voluntarily and admissible portion thereof was marked as Ex.P.9. A-2 produced the Mangalsutra Golden attachment (MO1) which was recovered by PW-13 under Ex. P-12. A-2 and A-3 also showed the stones (MO.7 and MO.8) used by them against the deceased from near a cinema-theatre which was recovered under mahazars -- (Ex.P.13 and P.14).

7. The prosecution examined PW-1 to PW-14, marked Ex. P1 to P33 and exhibited MOS.1 to 13. On completion of evidence, the statements of A-1 to A-4 were recorded under section 313 Cr.PC. Accused did not examine any witnesses but marked Exs.D1 and D2. The trial court by judgment dated 28.2.2001 found all the accused guilty and convicted them. It held that A-2 and A-3 attacked the deceased with stones and all four accused participated in the robbery. The trial court convicted A-2 and A-3 under section 302 IPC and section 392 read with 397 IPC and sentenced them to life imprisonment under section 302, and 7 years RI under Section 392 read with 397 IPC, in addition to fine. The trial court also convicted A-1 and A-4 under section 302 read with 34 IPC and section 392 IPC, and sentenced them to life imprisonment under section 302 read with section 34, and 5 years RI under section 392 apart from fine. All the four accused appealed and the High Court dismissed the appeal affirming the decision of the trial court. Feeling aggrieved, A-3 and A-4 (Krishnamoorthy and Murugan) have filed this appeal by special leave.

13. No other contention is urged. We find no reason to interfere with the judgment of the High Court affirming the well reasoned judgment of the trial court. The appeal is accordingly dismissed.