MAYIL ALIAS MAYILVAHANAN Vs. STATE

JUDGEMENT

(1.) This judgment shall govern the two appeals in C.A.Nos.123 of 2001 and 208 of 2003. The first one is filed by A-2, while the second one is filed by A-1.

(2.) The appellants/A-1 and A-2 along with one Super Subramanian, who was arrayed as A-3, before the trial Court stood charged, tried and found guilty under Sections 120(b), 302 read with 34, 201 and 379 of Indian Penal Code, and they were sentenced to undergo 3 years Rigorous Imprisonment each for the offences under Sections 120(b) and 201 I.P.C., 1 year Rigorous Imprisonment for the offence under Sec.379 I.P.C. and life imprisonment for the offence under Sec.302 read with 34 I.P.C. Aggrieved over the same, the first and the second accused have brought forth these two appeals.

(3.) The short facts necessary for the disposal of these two appeals are: (a) P.W.1 Thilakar, owner of a Taxi bearing Registration No.TNZ 7336, was carrying on the business of hiring Taxi at Rajapalayam. While so, he had two drivers by names Sundarrajan, since the deceased, and Kaalaipandy. On 7.4.1992, the said Sundarrajan took the Car after informing the other driver that he took it on hire basis. But, he did not return for a period of four days. Entertaining suspicion, P.W.1 gave a complaint Ex.P1 to the Deputy Superintendent of Police, Rajapalayam, who in turn forwarded the same to one Muthukaruppan, Sub Inspector of Police, North Police Station, Rajapalayam. The Sub Inspector registered a case in Crime No.210/92 under Sec.406 of I.P.C. While the investigation was pending in that crime number, the Central Crime Branch, Tirunelveli, which was investigating a case in Crime No.902/92, pertaining to the Crime Branch, on 5.8.1992 at 5.00 A.M. arrested the first accused at Tuticorin Bus Stand. On enquiry, he gave a confessional statement voluntarily in the presence of P.W.5 Rengaraj, Village Administrative Officer, and another witness. His confessional statement was recorded, and the admissible part is Ex.P6. P.W.29 Yoosuf, the then Inspector of Police, came to know that A-1 was involved in a case, registered by Rajapalayam Police Station in Crime No.210/92. He sent all the papers and connected records and copy of the confessional statement to the Police Station, Rajapalayam. (b) The said Muthukaruppan, Sub Inspector of Police, Rajapalayam Police Station, received all the connected papers and converted the case originally registered under Sec.406 I.P.C. in Crime No.210/92, into one under Sections 302 and 379 I.P.C. While so, he received an information from P.W.29 that the earlier case under Sec.406 I.P.C., subsequently converted into Sections 302 and 379 I.P.C., could not be further proceeded with; but, a separate case has got to be registered. Accordingly, he registered a separate case in Crime No.498/92 under Sections 302 and 379 I.P.C. Ex.P28 First Information Report was sent to the Court concerned. (c) P.W.30 Amalanathan, Inspector of Police, Rajapalayam Police Station, took up the investigation and arrested A-3 near Rajapalayam Bus Stand on 8.8.1992, in the presence of P.W.6 Lingam, Village Administrative Officer. The confessional statement given by A-3 voluntarily was recorded in the presence of witnesses, the admissible part of which is Ex.P7. In his confessional statement, A-3 has stated that he would point the place where the dead body of Sundarrajan was buried. A requisition was forwarded to the Tahsildar, Rajapalayam, for the exhumation of the body; but, the same was returned on the next day stating that the place, where according to the statement of A-3, the dead body was buried, fell outside his jurisdiction, and hence, he could not do so. Then, another requisition was given to P.W.25 Kesavaraman, Tahsildar, Sankarankovil. On receipt of the same, on 9.8.1992, he visited the place of occurrence, and A-3 identified the place called Subbiah Thevar Garden, and an observation mahazar Ex.P8 and a rough sketch Ex.P30 were prepared by P.W.30 in the presence of P.W.6 V.A.O. and another. Then, A-3 identified the garden of P.W.11 Ramachandran, where according to him, the dead body was buried, and an observation mahazar Ex.P9 and a rough sketch Ex.P31 in that regard were also prepared by P.W.30 in the presence of P.W.7 Mariappan, Village Administrative Officer and another. After the dead body was taken, P.W.30 prepared an observation mahazar Ex.P12. (d) With the assistance of P.W.9 Azhagar and P.W.10 Velu, the menials of the village, the dead body was exhumed by the Tahsildar P.W.25. In the presence of panchayatars and other witnesses, an inquest was conducted, and Ex.P20 inquest report was prepared in that regard. The dead body was identified by the parents of the deceased Sundarrajan and the other Driver Kaalaipandy. The statements of P.Ws.1, 2 and 8 were also recorded by the Tahsildar, and they are marked as Exs.P4, P5 and P13. The Tahsildar also recorded the statement of A-3, which is marked as Ex.P22. All the accused were sent to the Court immediately. A requisition Ex.P19 was also sent to the Medical Officer concerned for conduct of postmortem over the dead body. (e) On receipt of the requisition Ex.P19, P.W.31 Dr.Ragupathy, Assistant Surgeon, attached to Government Hospital, Sankarankovil, conducted autopsy on the dead body and has issued Ex.P34 postmortem certificate stating that the condition of the dead body was highly decomposed, and due to the same, viseras were not available. But, the skull and bones were recovered, and they were sent to Forensic Sciences Department for analysis. P.W.32 Ranjith Cecil, Scientific Officer, attached to Forensic Sciences Department, received the skull and bones of the deceased and conducted superimposition test. With the help of the photographs of the deceased, it was found the skull which was subjected to superimposition was that of Sundarrajan. P.W.32 issued a report Ex.P35. P.W.31 the Doctor has opined that final opinion could not be given due to highly decomposition state. (f) On 12.8.1992 at about 6.15 A.M., P.W.30 arrested A-2, who gave a confessional statement, and the same was recorded, the admissible part of which is Ex.P11. A-2 took the investigating party to Madurai, where he identified one Manokaran, to whom the car was actually sold. The said Manokaran was enquired by the Investigating Officer, but was not examined before the trial Court. Manokaran informed that the car was then sold to one Thangaraj, who in turn sold it to P.W.34 Mohammed Ali Jinnah, and the car M.O.1 was recovered by P.W.29. P.W.38 Chinniah, Inspector of Police, took up further investigation. He sent the recovered material objects and the Car sent for chemical analysis along with a requisition. The chemical analyst's report is Ex.P45, and the serologist's report is Ex.P46. On completion of the investigation, P.W.38 laid the final report.