KUMI ALIAS KUMARAN Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern the Referred Trial No.1 of 2009 whereby the II Additional Sessions Division, Pondicherry has sought for confirmation of death sentence awarded to the accused therein in S.C.No.26 of 2006 and the Criminal Appeal No.794 of 2009, brought forth by the accused/appellants, challenging the judgment in S.C.No.26/2006.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows: (i) P.W.1 Village Administrative Officer, Perumbakkam, was informed by his Assistant, P.W.2 at about 8.00 a.m. on 25.1.2001 that a dead body of a male was found in the coconut grove. Immediately, P.W.1 accompanied by P.W.2 went to the scene of occurrence. After verification, he proceeded to Auroville Police Station and gave a report, Ex.P1 at about 10.00 a.m. to P.W.10, Sub Inspector of Police, Auroville. On the strength of Ex.P1 report, a case came to be registered in Crime No.38 of 2001 under section 302 I.P.C. THE Express F.I.R. Ex.P.10 was immediately sent to Court. (ii) P.W.11, Inspector of Police, Kottakuppam, on receipt of the First Information Report, took up investigation. He proceeded to the spot, made an inspection and prepared the observation Mahazar Ex.P.2 and also a drew rough sketch Ex.P11 in the presence of witnesses and panchayatdars. THEn, he recovered the blood stained earth and sample earth under Ex.P13 Mahazar. He also conducted inquest on the dead body of the deceased in the presence of witnesses and panchayatdars and prepared Ex.P.7, inquest report. THEreafter, the dead body was sent for the purpose of post mortem. THE material objects were sent for analysis and Exs.P.13 to P.15 Serological report, Chemical Report and Bone examination report respectively were received. Even though P.W.11 took steps to gather particulars about the dead person, he could not get any information. Hence, on 2.1.2002, he referred the case as undetectable. (iii) P.W.12, doctor attached to Tindivanam Government Hospital, on receipt of the requisition made, conducted autopsy on the dead body and found the following injuries: "External Injuries: 1. A cut injury on the left side of face extending from left nostril to middle of cheek widen above and tapering below it is oblique in nature 5 x 2 x 1 cm nose is cut. 2. Cut injury on the right eye brow 4 x 2 x 1 cm.

(3.) ABRASION on the right side neck 3 x 2 cm.