RAJKUMAR Vs. STATE REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellant Rajkumar is the sole accused in Sessions Case No.110/2009, on the file of the Principal Sessions Judge, Thiruvallur and he has preferred this appeal challenging the conviction and sentence imposed on him by judgment dated 11.8.2010, in the case. For the sake of convenience, in this judgment, the appellant will be referred to as accused.

(2.) CHARGES under Sections 364 and 302 IPC were framed against the accused. Learned Principal Sessions Judge found the accused guilty of both the charges, convicted him as per the charges and sentenced him: a) to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo 1 year Rigorous Imprisonment, for the charge under Section 364 IPC and b) to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to suffer 1 year Rigorous Imprisonment, for the charge under Section 302 IPC. Learned Principal Sessions Judge also ordered the sentences to run concurrently with the benefit of set-off.

(3.) THE prosecution case is briefly stated as follows: P.W.3 Devi is a resident of Athipattu Village and she married one Karuna and out of the wedlock, a male child was born to them. On account of difference of opinion, P.W.3 Devi got separated from her husband and was residing along with her 6 year old son Thamizh. In the meanwhile, she developed intimacy with accused Rajkumar and started living with him. One year prior to occurrence, accused took the jewels of P.W.3 Devi and pledged them. Fifteen days prior to occurrence, P.W.3 Devi asked the accused for the return of her jewels. There was a wordy quarrel between them, during which P.W.3 told the accused that she would not live with him any further and she would be lodging a complaint to the police. In response, the accused Rajkumar threatened to kill her son. On 11.12.2008 in the evening, P.W.3 Devi accompanied by her son Thamizh, attended the first year birthday celebration of her younger sister's daughter held in her house, and Thamizh was playing in front of the said house, but inside the compound wall. At that time, accused Rajkumar came there and kidnapped Thamizh in his motorcycle. On seeing this, P.W.4 Malar shouted and informed P.W.3 Devi and they all searched him. P.W.6 Simson is a person known to the accused. He went to Paandeswaram Village on 11.12.2008 at 8.00 P.M. in connection with his real estate business and since the concerned party was not available, he was proceeding to meet another person at Avadi. On his way to Avadi, he saw the accused standing near Veerapuram Bridge along with the child and motorcycle. When P.W.6 Simson enquired the accused, he told him that he came there to attend the birthday function and he brought the child for shopping. P.W.3 Devi lodged Ex.P11 complaint, with P.W.10 Astrin, Inspector of Police, at 11.30 P.M. on 11.12.2008, and he registered a case in Crime No.188/2008 under Section 363 IPC, prepared Ex.P16 First Information Report, and despatched the same. He went to the occurrence place at 00.45 hours on 12.12.2008, and prepared Ex.P14 observation mahazar, in the presence of P.W.8 Anbarasan and another. Ex.P17 is the rough sketch drawn by him. He enquired P.W.3 Devi, P.W.4 Malar, P.W.8 Anbarasan and some other witnesses and recorded their statements. He arrested accused Rajkumar at 5.30 A.M. on the same day, near Paandeswaram Paruthipattar Chamber and examined him in the presence of P.W.5 Siva and another and recorded the confession statement voluntarily given by him. Ex.P12 is the admissible portion in the confession statement of the accused. Accused took them to Paandeswaram Veerapuram Bridge and on his information, the body of Thamizh was taken out from the channel by P.W.7 Raghu. P.W.10 Astrin, Inspector of Police, also recovered M.O.1 motorcycle, from the said place under Ex.P13 mahazar in the presence of same witnesses. On his return to the Police Station, he altered the case by adding the offence under Section 302 IPC, prepared Ex.P18 alteration report and despatched the same. P.W.10 Astrin, Inspector of Police, also prepared Ex.P15 observation mahazar, at the place where the dead body was found, in the presence of P.W.9 Rajini and another. Ex.P19 is the rough sketch drawn by him. He conducted inquest on the body of Thamizh and prepared Ex.P20 inquest report. He seized two half litre plastic bottles under Ex.P21 mahazar, in the presence of P.W.5 Siva and another. He once again examined P.W.3 Devi, P.W.4 Malar and one more witness and recorded their further statements. He took photographs of the occurrence place through Constable Mullaivendan. M.O.2 series are the photographs. He sent the body to K.M.C. Hospital through Constable Narasimman for postmortem. P.W.10 Astrin, Inspector of Police, examined P.W.5 Siva, P.W.6 Simson, P.W.7 Raghu and some other witnesses and recorded their statements. He sent the accused for judicial remand. P.W.2 Dr. W.Harry Santhaseelan conducted autopsy on the body of Thamizh at 3.20 P.M. on 12.12.2008, in the Kilpauk Medical College Hospital and found the following: "Injury: Multiple contusion over the front of neck about 2, 3 cm dia in the neck. Loss of tissue around eyes, lobule of ear, around nostrils and upper lip. No other injuries made out externally. Heart blood clots in both chambers. Lungs normal c/s congested. Hyoid bone intact. Trachea empty and normal. Stomach 30 ml of milk coloured fluid. Liver, Spleen, Kidneys are normal in size, c/s congested. Bladder empty. Pelvis, Scalp, Bones, Membranes and Spinal Column are intact. Brain normal." The Doctor has opined that the deceased would appear to have died of asphyxia due to strangulation. Ex.P9 is the postmortem examination certificate issued by him. P.W.10 Astrin, Inspector of Police, seized M.Os.3 and 4, clothes of Thamizh, produced by Constable Narasimman and also despatched the material objects to Court under Form 95. On 15.12.2008, he examined Constable Narasimman and recorded his statement. He gave requisition to the Chief Judicial Magistrate for recording the statements of P.W.3 Devi, P.W.4 Malar, P.W.5 Siva, P.W.6 Simson and some other witnesses under Section 164 Cr.P.C. On their production on 9.1.2009, P.W.1 Tmt. R.Sathiya, the Judicial Magistrate, Ambattur, recorded their statements. Exs.P2 to P8 are the statements. On 6.2.2009, P.W.10 Astrin, Inspector of Police, examined P.W.2 Dr. W.Harry Santhaseelan and recorded his statement. He completed the investigation on 17.2.2009 and filed the final report against the accused.