MAHENDRAN Vs. STATE

JUDGEMENT

(1.) The sole accused Mahendran, who was tried in S.C.No.148/2010 and convicted to imprisonment for life by the Sessions Judge, Nagapattinam on 02.02.2011, is the appellant before us.

(2.) The case of the prosecution begins with the evidence of Rabert[P.W.1], owner of A.D.R. Lodge in Velankanni. While he was at home on 18.01.2009, he was told by his employees that Room No.7 in the lodge has been latched from outside without locking since morning and the occupant has not returned till 1.00 in the afternoon. So he went to his lodge, opened Room No.7 and went inside. In the bathroom of the room, he found a dead body of a lady, who was scantily clad, with injuries on her forehead. Immediately, he lodged a written complaint [Ex.P.1] based on which, Ms.Karolin, Sub-Inspector of Police[P.W.11] registered a case in Vellankanni Police Station, Crime No.22/2009 u/s.174 Cr.P.C. Suspicious death on 18.01.2009, at 2.00 p.m. The printed F.I.R., was marked as Ex.P.7. In the First Information Report, Rabert [P.W.1] has stated that Room No.7 was taken on 17.01.2009 at 5.25 p.m., by one Mahendran residing at No.24, Colony Street, Nallazhandhur, Mayilduthurai.

(3.) Investigation in this case was taken over by N.Shanmugam, the Inspector of Police [P.W.19], who went to the place of occurrence around 2.15 p.m., and prepared an Observation Mahazar [Ex.P.4] and Rough Sketch [Ex.P.14] in the presence of witnesses Rajendran[P.W.9] and Packrisamy (not examined). From the place of occurrence, the Investigating Officer recovered a Broken beer bottle [M.O.2], Empty beer bottle [M.O.3], Empty water bottle [M.O.4], Empty Wills Scissors cigarette packet [M.O.5], a brassiere [M.O.6], Nylon Sari [M.O.7], jacket [M.O.8], a pant [M.O.10], a handbag [M.O.11], Iron bucket [M.O.12] and a money purse [M.O.13], under the cover of mahazar [Ex.P.5], attested by Rajendran [P.W.9] and Packrisamy (not examined). Anbazhagan (P.W.14), the Police Photographer was summoned and he took photographs of the body and the place of occurrence, which were marked as M.O.1 series. The Investigating Officer conducted inquest over the dead body in the place of occurrence and inquest report was marked as Ex.P.15. Thereafter, the body was sent for post-mortem to Government Hospital, Nagapattinam, where Dr.Kamalesh Kumar [P.W.10] performed autopsy over the body. Dr.Kamalesh Kumar, in the evidence as well in the Post Mortem Certificate [Ex.P.6] has noted as follows:-