KRISHNAN @ RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st March, 2008 passed by the High Court of Judicature at Madras in Criminal Appeal No.1009 of 2005. By the impugned judgment the High Court dismissed the appeal and affirmed the judgment of conviction and sentence passed by the learned Sessions Judge against the appellants for the offence under Section 364, 302 and 201 read with Section 34 IPC.

(2.) The case of the prosecution in nutshell is as follows:

(3.) On 10th April, 2004, based on the complaint given by the mother of the deceased Manikandan a complaint was registered for an offence under Section 365 IPC. On 13th April, 2004, the Police arrested accused No.3- Ramasamy, who gave a voluntary confession statement in pursuance of which accused No.3 took the Police to the borewell where they had hidden the dead body. Upon the identification of the borewell by accused No.3 with the help of Kurinjipadi fire service personnel, the dead body was taken out by the Police from the borewell. The body was identified by Valarmathi (PW.1), Amrthavalli (PW-2) Gopal (PW-3), Murugan (PW-4) and Rajeswari (PW-5) to be that of Manikandan. The body was sent to Panruti Government Hospital where inquest was conducted by Kabbadasan (PW-13) on 14th March, 2004 at 6 a.m. in the presence of witnesses and panchayatdars. The inquest report is Ex.P.17. Ex.P.9 is the post mortem certificate and Ex.P.10 is the opinion given by the Doctor who conducted postmortem. The Investigating Officer, Kannadasan (PW-13) came to know that the other accused surrendered themselves before the Court. After concluding the enquiry, Kannadasan (PW- 13) laid charge sheet against the accused before the Court on 26th May, 2004 for the offence under Sections 364, 365, 302 and 201 IPC. The Sessions Judge secured the presence of the accused, framed charges under Sections 364, 365, 302 and 201 IPC. All the accused pleaded not guilty and claimed to be tried.