KALIAMMAI Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the petitioner Kaliammai against the order passed in Cri. M.P. No. 372 of 1999 in SC No. 115 of 1998, on the file of II Additional Sessions Judge, Thanjavur dated 18-8-1999.

(2.) The petitioner Kaliammai is the wife of late Karuppiah and the petitioner and Karuppiah were residents of Melapoongudi village in Sivaganga Taluk in Sivagangai District. The petitioner Kaliammai is residing in her house in the native village where her children are also residing. The husband of Kaliammai, namely late Karuppiah was running a hotel under the name and style "Nithyakalyani Hotel" at Mary's corner in Thanjavur Town. Said Karuppiah was residing in a house nearby situated in Pappupillai colony and looking after the hotel business. On 21-9-1997 Karuppiah left the hotel at 2-00 p.m. in the afternoon and went to his house to take rest. Karuppiah used to return to the hotel by 8-00 or 8-30 p.m.One Sivaraman, a nephew of late Karuppiah was assisting Karuppiah in running the hotel and he was residing in Thanjavur and working in the hotel for the post more than 20 years. He used to be in charge of the hotel during the absence of Karuppiah. On 21-9-1997 also he was looking after the hotel. Karuppiah who had gone to his house for taking his afternoon nap and did not return even after 8-30 p.m. and therefore Sivaraman sent some of the employees to the house to look for Karuppiah. They returned and stated that the door of the house where Karuppiah was residing was bolted from inside and inspite of their knocking the door, Karuppiah did not answer and therefore they came back and informed this to Sivaraman. Sivaraman went to the house where Karuppiah was residing and since front door was bolted from inside, he went to the backside and found the backdoor remaining opened. When he entered the house, he saw the dead body of Karuppiah lying in the front room near his bed and he had an injury on the head, a stab injury on the neck, besides other injuries all over the body. There was profused bleeding and Karuppiah was found dead and by the side of Karuppiah, a gold chain was found lying. The wooden almirah kept in the room was found opened and ransacked. One Narasappan who is the uncle of Karuppiah who is also a native of Melapoongudi village was running a pawn broker shop at Thanjavur and he is alsosettled in Thanjavur for the past many years and was closely associated with late Karuppiah. He used to advance monies on pledge of gold articles and whenever he was short of money, he used to take the pledged jewels and in turn give them to Karuppiah and used to borrow money. In this manner till the date of occurrence, he has handed over to Karuppiah gold jewels of varying in size, weight and type and the total value of the pledged articles will be about Rupees 1,30,000/- and roughly they would be weighing about 35.1/2 sovereigns. All of them were gold jewels. He also knew that Karuppiah used to keep all the jewels in the wooden almirah in his house under lock and key. At 9-00 p.m. when he heard about the murder of Karuppiah, he immediately went to his house and found Karuppiah lying dead in the house with injuries on his head and other parts of the body. He found the bureay has been ransacked and gold jewels have been removed.Sivaraman, the nephew of late Karuppiah went to the police station on the same day at about 10-30 p.m. and lodged a complaint with regard to murder of Karuppiah and missing of jewels. In the same report, Sivaraman also has pointed out the suspicion about involvement of three persons namely Jayaraj, Lakshmanan and Karikalan. Jayaraj and Lakshmanan were employed as workers in the hotel run by Karuppiah and Karikalan was previously employed in the same hotel, but subsequently was dismissed by Karuppiah. Some blood-stained clothes belonging to Jayaraj and Lakshmanan were also found in the back portion of the house. Karuppiah has been done to death by beating with wooden logs and three wooden logs were found thrown in the backyard of the house. Karuppiah used to store fire wood in front of the house for his use in the hotel. The Sub-Inspector of Police, south police station, Thanjavur on receipt of the complaint from Sivaraman, registered a case in his station Cr. No. 613 of 1997 under Ss. 302 and 380, IPC.The investigation of the case was taken by the Inspector of Police, Thanjavur west police station and he conducted inquest over the dead body in the presence of Panchayatdars. He prepared an observation Mahazar indicating the position of the dead body and wooden almirah, having been opened and contents ransacked. The body was sent for post-mortem. The Inspector of Police during the course of investigation on 23-9-1997 arrested the accused Jayaraj, Lakshmanan and Karaikalan at the Central Bus stand in Salem. All the three accused separately gave confession statements and on the information furnished by these accused the Inspector of Police traced one Nallathambi, resident of Salem, who is the elder brother of Karikalan. When the Inspector examined Nallathambi, he produced the stolen jewels, cash and other articles. These jewels were seized by the Inspector of Police. The Inspector of Police has sent the seized articles including the jewels to Court for remand. After completing the investigation, he laid the charge-sheet. The accused were charged for the offences under Ss. 449, 302, 392 r/w. 397 IPC and they were committed to take their trial before the Sessions Judge, Thanjavur by the Judicial Magistrate No. 1, Thanjavur.

(3.) The case was taken on file as S.C. No. 115 of 1998 before the II Additional Sessions Judge, Thanjavur and by the judgment dated 18-1-1999 he held that the charges against the accused were not proved beyond reasonable doubt and therefore acquitted the accused of the charges. During the course of trial Sivaraman was examined as P.W. 1 and Narasappan was examined as P.W. 2. The prosecution also examined other employees in the hotel run by Karuppiah as P.Ws. 3 and 4. Nallathambi from whom the jewels were recovered on the information furnished by the accused was examined as P.W. 5. However, P.W. 5, turned hostile. P.W. 6 another witness from Salem who was also examined to prove the confession and seizure of jewels, did not support the prosecution case and was permitted to be treated as hostile. The expert attached to forensic science Laboratory who has made an observation mahazar of the scene and who has examined the blood-stained articles taken from the scene was examined as P.W. 7. P.W. 8 is the Photographer, who took photographs of the scene. P.W. 9 is the Doctor who conducted post-mortem over the dead body of Karuppiah. P.Ws. 11 and 12 are the Inspectors of police who have conducted investigation, who have arrested the accused and who have seized the properties. P.W. 10 is the Head clerk attached to Judicial Magistrate Court, Thanjavur who has spoken to sending the blood-stained articles for chemical examination. P.W. 13 is also an Inspector of Police who completed the investigation and laid charge-sheet..The prosecution has filed Exs. P-1 to P-27 documents and has marked M.Os. 1 to 68, Besides blood-stained articles namely the wooden logs, sample blaster, sample clothes worn by the deceased, other M.Os are all gold chain recovered from the scene, gold jewels or articles seized on the information furnished by the accused during the course of investigation.