KASI Vs. STATE

JUDGEMENT

(1.) Accused 1 to 3 and 7 to 9 in S.C.128/1995 on the file of II Additional Sessions Judge, Madurai are the Appellants. By the Judgment dated 27.02.1997, the Appellants / accused 1 to 3 and 7 to 9 were convicted for various offences and sentenced to imprisonment. Aggrieved over the same, accused 1 to 3 and 7 to 9 have preferred this Appeal.

(2.) Facts relevant for disposal of this Appeal could be stated thus:- Deceased Amsu is the wife of A7. A8 and A9 are brothers of A7. A1 and A2 are cousin brothers of A7. Other accused are also closely related to A7. The witnesses P.Ws.2 to 5 are related to deceased Amsu as noted below; <FRM> | | --------------------------- | | Kaluva Thevar Ayyavoo | (P.W.3) | -------------------------------- | | | Santhanam Theivam Virumandi =Pappa (P.W.2) (P.W.5) (P.W.4) =Thangam | | Amsu (deceased) =Karuppu (A7 - Husband of the deceased) </FRM> Deceased Amsu was given in marriage to A7 about eight years prior to the occurrence. A7 and Amsu have no issues. Amsu was residing with her husband in Bodinaickanur. Alleging that she has developed illicit intimacy with another person, about six months prior to the occurrence A7 had taken Amsu to Kannanur - her parents house and left her there. P.W.4 - mother of Amsu and others took back Amsu to A7 stating that Amsu would mend her ways in future. Occurrence: On 17.08.1994 - 8.30 PM in the house of A7, since Amsu was found in compromising position with her paramour - P.W.8 Kumaresan, enraged over the same, A7 and A9 beat Amsu with hands and A8 beat Amsu with M.O.3 - Kattai. To save herself, Amsu ran from the house. A7 directed A1 to A6 to get her. A1 to A6 chased Amsu and caught hold of her in Chinna Thevar Coconut Grove. A1 to A6 beat her stating A4 held her by her hands. A1 strangulated her by throat and A2 throttled her neck. A6 held her by her left leg. They carried the body of Amsu and left near Pillayar Temple. P.W.2 - Theivam and P.W.3 - Ayyavoo are the residents of Kannanur. Case of Prosecution is that on the date of occurrence - 17.08.1994 P.Ws.2 and 3 went to Bodinaickanur - 8.30 PM and witnessed the occurrence. P.Ws.2 and 3, who followed A1 to A6 have witnessed the occurrence. Thereafter, P.Ws.2 and 3 informed A7 about the murder of Amsu by A1 to A6. A7 told them not to disclose it to anyone and that the body of Amsu could be burnt the next day. Complaint: P.W.1 - Gandhi is the Thalayari of Bodinaickanur. He heard that there is a body of a female lying near Pillayar Temple. At about 10.00 AM when he went near Pillayar Temple, body was found missing; but blood stains were noted in the place. P.W.1 informed the same to P.W.7 - Village Administrative Officer. P.W.7 recorded the statement of P.W.1 (Ex.P-1). P.W.7 - Village Administrative Officer endorsed the same and sent to Bodinaickanur Police Station. Registration of the case:- On the basis of Ex.P-1, P.W.10 - the then Sub Inspector of Police had registered a case of Suspicious Death in Crime No.534/1994 under Section 174 of Crl.P.C. Ex.P-8 is the First Information Report for suspicious death. Investigation: P.W.12 - Inspector of Police had taken up the investigation. Scene of occurrence - Chinna Thevar Coconut Thope was inspected in the presence of the witnesses. Ex.P.2 - Observation Mahazar and Ex.P.9 - Rough Plan were prepared on the scene of occurrence. The place, where the body was found, was about 50 feet away from the Pillayar Temple. From that place, M.O.1 - blood stained mud and M.O.2 - sample mud were seized under Ex.P.3 - Seizure Mahazar. Inquest: Body of Amsu was found lying in the common burial ground ready for cremation. P.Ws.1, 4 and 5 and another witness Thangam were examined in the presence of panchayatdars and inquest was held on the body of deceased Amsu. Ex.P-10 is the Inquest Report. After inquest, the body was sent to autopsy with Ex.P.6 - Requisition. Post Mortem: Pursuant to the requisition from the Inspector of Police, P.W.9 - Dr.Palanisamy had conducted the autopsy and noted the following external injuries; (i) Contusion over right temporal region; (ii) Lacerated wound on the left of left eye; (iii)Abrasion over right knee; (iv) Abrasion over left knee; (v) Linear abrasion on both sides of windpipe brown and dry between the chin and thyroid cartilage; (vi) Contusion below both angles of lower jaw on either side. On internal examination, the following injuries are noted: (i) Thorax: fracture of ribs; (ii) Hyoid bone: Cornua of hyoid bone fractured; (iii) Extravasation of blood below the scalp on right temporal area fracture; P.W.9 opined that the death was due to Asphyxia due to throttling. He issued Ex.P.7 - Post Mortem Certificate. Arrest of the accused: A1 to A6 were arrested on 24.08.1994 - 3.00 PM near Marimoorkalam. A7 to A9 were also arrested on the same day at 5.00 PM near the house of A8. When being interrogated, A8 had voluntarily given a confession statement. On the basis of the admissible portion of his confession statement (Ex.P.4), M.O.3 - Uruttukambu was recovered from his house under Ex.P.5 - Seizure Mahazar. Alteration of the case: On the basis of confession statement recorded from the accused, the case of Suspicious Death was altered into one under Section 302 IPC under Ex.P.12 - Express Report. P.W.13 - Inspector of Police had taken up further investigation. Upon completion of further investigation, he has filed the charge sheet against the accused on 23.01.1995.

(3.) To substantiate the charges against the accused, in the trial court, P.Ws.1 to 13 were examined. Exs.P-1 to P-12 were marked. M.Os.1 to 7 were remanded to Court. When questioned under Section 313 of Crl.P.C., the accused stated that a false case is foisted against them. Upon consideration of the evidence, the learned Sessions Judge accepted the evidence of P.W.2 as reliable and found that the Prosecution has established the guilt of the accused A1 to A3 and A7 to A9. The discrepancies and inconsistencies pointed out in the evidence of P.W.2 were rejected as of no significance. In the view of the trial court, though P.W.6 has turned hostile, her evidence of seeing the deceased and four persons chasing her in two TVS 50 Motor cycles cannot be discarded. Upon the evidence of P.Ws.2, 4 and 6, the learned Sessions Judge found A1 to A3 and A7 to A9 guilty for various offences. The charges framed against the accused and the findings of the trial court are as noted below; <FRM>KN2520055.htm</FRM>