BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Five persons were sought to be prosecuted for the offences punishable under Sections 143, 144, 302, 201 read with Section 149 of IPC and Section 25(1 -B) of the Arms Act. Among them, accused Nos. 2 to 5 were not found guilty of any of the offences alleged against them and they gained an honourable acquittal. The first accused was less fortunate and he was found guilty of the offences punishable under Sections 302 and 201 of IPC and he was sentenced to undergo imprisonment for life for the offence punishable under Section 302 of IPC and also sentenced to pay a fine of 20,000/ - with a default clause of rigorous imprisonment for six months. For the offence punishable under Section 201 of IPC, he was sentenced to undergo rigorous imprisonment for five years and also to pay a fine of 1,000/ - with a default clause of rigorous imprisonment for ten days. Sentences were directed to run concurrently. Set off was allowed subject to the orders to be passed by the competent authority under Sections 432 or 433 of Cr.P.C.

(2.) The law was set in motion by PW1, the mother of the deceased who gave Ext.P1 First Information Statement. Her son Chandran, the deceased, according to her, had gone away from her house and did not return for the last three months which made her panicky and she approached for necessary reliefs. Ext.P1 was recorded by PW14, who registered Ext.P14 FIR for man missing. Investigation was commenced by PW14 himself and he, after registration of the crime, recorded statements of witnesses and during his investigation, it was revealed that Chandran had gone along with Balan, Biju, Konnakkal Rajesh, Babu, Radhakrishnan for hunting. On 12.7.2005, the fifth accused was taken into custody by PW14 and on questioning him, since PW14 was convinced that he was involved in the incident, Ext.P15 arrest memo was prepared, which was followed by the arrest of the other four accused and the respective arrest memos are Ext.P16 (4 in series). Based on the confession statement said to have been given by the first accused, MO5 series were recovered as per Ext.P5 mahazar. The relevant portion of the confession statement is Ext.P5(a). MO4 was recovered on the basis of Ext.P6 mahazar. The relevant portion of the confession statement is Ext.P6(a). On questioning the second accused, he confessed about having concealed the rifle which was recorded as per Ext.P7 mahazar. All the five accused were produced before court on 12.07.2005, as per Ext.P17 remand report. The articles, which were seized during his investigation, were produced before court as per Ext.P18 property list. The subsequent investigation was done by PW15. PW15 took over investigation on 15.7.2005 and he filed an affidavit before court seeking custody of the first accused. On the basis that when questioned, the first accused confessed his involvement and also confessed about the place where the body of the deceased Chandran was concealed. After obtaining the custody of the first accused, he along with Forensic Science Prof. Dr. Rajaram as well as the Scientific Assistant Smt. Annamma John, the Investigating Officers, the peoples of the locality and the Panchayat members went to the place indicated by the first accused and found skull, pieces of bone in the place shown by the first accused. He claims to have conducted inquest over the body of the deceased and furnished Ext.P4 report. He collected hair and soil found on the place of occurrence and made three packets of the same. The property list prepared is Ext.P19. He then prepared Ext.P3 scene mahazar. It was then found that crime fell within the jurisdiction of Varandarappilly Police Station and therefore records were sent to that Police Station for further steps. PW17 was the then Circle Inspector of Puthukkad Police Station. He on 24.7.2005, took over investigation. On 19.10.2005, he reached the place of incident along with Bomb Detection Squad and examined the place of occurrence and sent Ext.P9 mahazar to the court. He was able to seize two bone pieces and a cigarette lighter. He sent Ext.P21 property list relating to the properties which were seized during investigation, for further steps. He sent forwarding note, namely, Ext.P22 seeking super imposition test establish to identify the person to the court. He obtained Ext.P10 sketch from the authority concerned. In the meanwhile PW16, who was working as the SI of Varandarapilly Police Station at the relevant time , on receipt of records from the Mangalam Dam Police Station re - registered crime as Crime No. 188/2005 as per Ext.P20 FIR. He immediately informed his superior officer about the grave crime recorded by the Police Station. He however, seized two photographs produced by PW1 of Chandrdan as per Ext.P8 mahazar. Further investigation was done by PW17. He was the SI of Puthukkad Police Station at the relevant time. This was followed by the investigation by PW18 who succeeded PW17. He had MO5 sent for ballistics experts opinion and the forwarding note filed by him is Ext.P23. He obtained the test result and after completing the investigation, laid charge before court. Since the offence under the Arms Act is alleged against the accused person, he obtained Ext.P24 sanction from the District Magistrate. A copy of the ballistics experts opinion report obtained by him is Ext.P25.

(3.) The court before which the final report was laid, took cognizance of the offence and finding the offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Thrissur under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, (Adhoc) -I, Thrissur for trial and disposal.