VASANTHI Vs. STATE

JUDGEMENT

(1.) Who was the deceased? The charred dead body was beyond recognition. The body was found in a house locked from inside. The inmates of the house broke open the doors and identified the charred dead body as that of their daughter Vasanthi (A1), The police believed the said version. After postmortem, the dead body was cremated and all religious rituals were performed by the parents. Surprisingly, Vasanthi (A1), who was believed to be dead, appeared before the police after some time with her newly married husband (A2) and sought for police protection. The police were shocked, as they were all along under the impression that Vasanthi was no more. On further investigation, the investigating officer found that Vasanthi's college-mate by name Nithya was found missing. The investigating officer concluded that the above stated dead body was that of Nithya. He further concluded that the death of Nithya was homicide and Vasanthi and her husband (A1 and A2), were the perpetrators of the crime. The trial Court accepted the case of the prosecution as proved and convicted the accused for the offences under Sections 302 read with 34 IPC and 201 read with 302 IPC. Contending, inter alia, that the death of Nithya itself has not been proved, the appellants are before this Court with this criminal appeal.

(2.) P.W. 1 is the father of A1/Vasanthi. According to him, on 26.12.2008, when he returned to his house, he found the main door of his house locked from inside. Therefore, he gave a phone call to his son (P.W. 2) to rush to the house. Accordingly he rushed. At about 9.00 p.m. they opened the door with the help of P.W. 10, by using a crowbar. When they entered into the house, they found a charred dead body. P.W. 1 and other family members were under the impression that it was Vasanthi. They believed that she had committed suicide. Thus, they identified the dead body as that of Vasanthi. Then, P.W. 1 went to the Cantonment Police Station, Trichy, and made a complaint. On receipt of the said complaint (Exhibit P-1), P.W. 21, the then Sub Inspector of Police, registered a case at 11.30 p.m. on 26.12.2008. Exhibit P-18 is the First Information Report. In the complaint, P.W. 1 has stated that Vasanthi (A1) was alone at home and she had committed suicide by setting fire to herself.

(3.) Taking up the case for investigation, P.W. 21 proceeded to the place of occurrence and prepared an Observation Mahazar in respect of place of occurrence under Exhibit P-2 in the presence of P.W. 8 and another witness. Then, he prepared Exhibit P-19, rough sketch, showing the place of occurrence and from the place of occurrence, he recovered 4 material objects namely, a 6 liters capacity Plastic Can with odour of kerosene, broken padlock, broken tiles piece and a Nylon rope with plastic dollar. Then, she examined P.Ws. 1 to 3 and recorded their statements. P.Ws. 2 and 3 are the brothers of A1, who have spoken to on the same lines like P.W. 1. P.W. 21 conducted inquest on the dead body on 27.12.2008 at 7.00 a.m. Exhibit P-20, is the inquest report. The panchayathars too concluded that the dead body was that of Vasanthi. Then, she forwarded the body for postmortem.