NAGARAJ Vs. STATE

JUDGEMENT

(1.) This Appeal by Special Leave is directed against the Judgment of the High Court of Madras dated 5.10.2005 whereby the conviction of the Accused/ Appellant Nagaraj under Section 302 IPC came to be affirmed. The Accused was sentenced to Life Imprisonment and was further directed to pay a fine of Rs.1000/-, in default of which he would have to undergo rigorous imprisonment for three months.

(2.) The sequence of events leading to the fateful incident, as presented by the prosecution is as follows. According to Mari Chetty PW3, the Accused and the Deceased came to his house in Bargur at 9.30 a.m. on 24.7.2000 to borrow money from him for the purposes of their textile business. This was the first time PW3 met the Accused; and the Deceased informed him that the Accused had joined him in business on the basis of commission. He and the Accused also informed PW3 that they were going to Bangalore and then to Salem for their business. Thereafter, according to Rajammal PW4, the mother of the Deceased, the Accused and Deceased left Srinivasapuram for Salem at 2.00 p.m.; she has corroborated that the Accused was working in the textile business with the Deceased. The details of the travel plans given by her are contradictory, as in her cross-examination she mentioned that they were going to Bangalore before visiting Salem. She also stated that the Deceased informed her at the time of leaving, not that the Accused and the Deceased visited her before their departure. On 25.7.2000, at 9.00 a.m, the Accused and the Deceased visited Veeravel's shop in which Senthil PW2 was employed. The Deceased was the uncle of PW2. During a conversation with Veeravel, the Deceased told him that the Accused's name was Nagaraj, that he was from Bargur and he had joined the Accused in business on commission basis. At 9.30 a.m., the Accused and the Deceased arrived at Sampath Kumar Lodge. Kandasamy PW1, the room boy, has stated that the Accused entered the Lodge with another person and asked for a room. PW1 initially stated that they arrived with one textile bag/bundle, but in the cross-examination has said that the Accused and the Deceased had one bag each. Upon being allotted Room No.115, the Accused signed the Lodge/Hotel Register and paid Rs.100/- as advance. At 10.00 a.m, the Accused and the Deceased briefly visited Veeravel's shop again. PW2 heard them say that they had booked Room No.115 at Sampath Kumar Lodge. According to PW1 they returned to the Hotel in about ten minutes and that at 11.00 a.m, he saw the Accused leaving the Hotel room. The Accused put two textile bags down and locked the door, and then told PW1 that he was going to sell the textile goods. He did not return the room key and he also did not return at night. On 27.7.2000, at about 1.00 p.m. PW1 noticed a bad odour coming from Room No.115. He searched for a key with which to open the door but could not find one. The Manager, when informed, said that there is nothing they could do as there was no key. On 28.7.2000 at about 10.00 a.m, PW1 noticed that the odour had become worse. He informed the Manager, who this time around, gave him the master key. He entered the room, where he found nothing but he found the body of the Deceased in the bathroom. The body was decomposing, and there were injuries on the left portion of the head. PW1 informed the Manager about this, who informed the Salem Town Police Station. An FIR was lodged by the Manager at noon. According to the FIR, on being informed of the situation by PW1, the Manager had gone to the room and had then also seen the body of the Deceased. The FIR also stated that the Accused and the Deceased arrived at the Hotel with one textile bundle, and the Accused took one bundle with him when he left. The FIR specifically stated that there was no bag/bundle in the room when the Manager went in. The FIR also stated that at the time of signing the Register, the Deceased informed the Manager that they would be staying for one day only. At 12.30 p.m, the police arrived at the Hotel and conducted a search of the room. According to the cross-examination of PW1, a bag was found in the room and was recovered by the police, but this was not mentioned in the Observation Mahazdar or in the examination of PW10 who prepared the Observation Mahazdar. At 1.15 p.m., PW10 conducted his enquiry, during which he collected samples of blood-stained cement and cement mixture, and interrogated some witnesses. However, significantly, the Lodge Register and the Receipt Book were not taken custody of.

(3.) According to the Post Mortem report dated 29.7.2000, the Deceased had been dead for three to five days. PW7, who conducted the Post Mortem, has deposed that the Deceased appeared to have died of head injuries. The following injuries were found:- (i) lacerated injury over left parietal region; (ii) lacerated injury over left temporal region; (iii) contusion over the occipital region;( iv) fissured fracture over left parietal bone extending on to the left temporal bone.