STATE Vs. SUBRAMANIAM

JUDGEMENT

(1.) AGGRIEVED over the judgment of acquittal by the Court of the ii Additional Sessions, Erode, the State has brought forth this appeal.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus: (a) P. W. 1 is the son of the deceased Ramasamy Goundar. P. W. 1 was living with his family members including his father, in Sappalankattu thottam, Arachalur. On the western side of the said thottam, the accused were living with their family. THE deceased was owning lands on the northern side in malangadu, where there was a thatched house. P. W. 3 Pappathi, was living there. She was the kept mistress of the deceased. It was the usual practice for the deceased to leave from the house of P. W. 1 at about 8. 00 P. M. every day, stay over in the house of P. W. 3 and come back to P. W. 1's house the next day. THEre were long standing enmity between the accused and P. W. 1's family. THEre was a complaint given by the accused to the Electricity Board, saying that the deceased had cut the electric connection given to the house of the first accused. Following the same, the Engineer attached to the Electricity Board made an inspection and found it to be false. A few days prior to the occurrence, 5 or 6 chickens belonging to the first accused, died out of poisoning. THE first accused suspected that it was the act of the deceased. THErefore, he decided to do away with him the same way. (b) On the date of occurrence namely 20. 4. 1997, the sunday, a neighbour belonging to the same community died. At about 8. 00 P. M. , as usual, the deceased took his food, went over to the house of P. W. 3 and came back to the house of the said neighbour in order to convey his condolence. At that time, these three accused were witnessed by P. W. 4 near the culvert of LBP Canal . Within a short time, she heard the distressed cry of the deceased, and since she alone was in her house, she did not come out of the house. THE deceased did not come back to the house of P. W. 1. THE next morning, when the deceased was not found, P. W. 1 proceeded to Arachalur Police Station and gave a report Ex. P1, to p. W. 14 the Head Constable, attached to the said Police Station, who registered a case in Crime No. 150/97 for man missing. Printed First Information Report ex. P27, was sent to Court. (c) P. Ws. 1 and 2 were searching for the deceased. At about 1. 00 P. M. on 21. 4. 1997, a trunk of a dead body was found floating in the water near LBP canal, and they brought it out. P. W. 3 was informed about the same. She also identified the dead body as that of the deceased. M. Os. 1 and 2 rings, worn by the deceased, were found. M. O. 3 was a cycle belonging to the deceased. At about 1. 30 P. M. , P. W. 2 went to the Police Station and informed about the said fact. P. W. 17 the Inspector of Police, on receipt of Ex. P8 the report, from P. W. 2, altered the case to one under Sec. 302 of I. P. C. THEn, he took up the case for investigation, proceeded to the scene of occurrence, made an inspection in the presence of two witnesses and prepared Ex. P9 the observation mahazar, and Ex. P31 the rough sketch. Photographs were taken, and the photos were marked as Ex. P33 series, and its negatives were marked as ex. P32 series. THE Investigating Officer conducted inquest on the trunk in the presence of witnesses and panchayatdars and prepared Ex. P34 the inquest report. (d) Pursuant to a requisition forwarded by the investigating Officer, P. W. 11 the Civil Assistant Surgeon, attached to the government Hospital, Erode, conducted autopsy on the trunk of the dead body and found the following signs: "the head is completely missing from the root of the neck exposing all the structures of the root of the neck. Trachiea, Oesophagus, blood vessels, spinal cord and with cut vertebrae are exposed. THE edges of the wound are clear cut. " THE Doctor had issued Ex. P17 the postmortem certificate, and had opined that the deceased would appear to have died of the respiratory arrest due to the decapitation of the head about 16 to 24 hours prior to autopsy. (e) During investigation, the first and the second accused were arrested on 23. 4. 1997 in the presence of P. W. 7 the Village administrative Officer, and other witness. First accused volunteered to give a confessional statement. THE admissible portion is marked as Ex. P35. A-2 also gave a confessional statement, and the admissible portion is marked as Ex. P36. Pursuant to the confessions, A-1 produced M. O. 6 aruval and A-2 produced M. O. 3 cycle, and they were recovered under Exs. P11 and P12 the mahazars, respectively. A-3 surrendered before the Judicial Magistrate. On a requisition made by the Investigating Officer, the police custody was ordered. He took A-3 to custody on 28. 4. 1997. THEn, A-3 gave a confessional statement. THE admissible portion is marked as Ex. P37, pursuant to which he produced M. O. 7 iron wire, and the same was recovered under Ex. P13 the mahazar. A-1 to A-3 immediately after the occurrence, met P. W. 6, and at that time, A-1 made a confession to P. W. 6 that it was he who murdered the deceased. All the material objects recovered from the place of occurrence and from the dead body, and the material objects produced by the accused and recovered by the Investigating officer, pursuant to the confessional statements were subjected to chemical analysis, which resulted in Ex. P20 the Chemical Analyst's report, and Exs. P21 and P22 the Serologist's reports. On completion of investigation, the final report was filed against the respondents/accused.

(3.) THE learned Additional Public Prosecutor appearing for the State, would submit that the lower Court has acquitted the accused without proper perception of the evidence adduced by the prosecution before the trial court; that in the instant case, it is true that the prosecution had no direct evidence to offer; but, there were sufficient circumstances to prove its case; that the deceased left the house of P. W. 1 at 8. 00 P. M. and went to the house of p. W. 3 at about 8. 30 P. M. ; that according to the witnesses, the deceased was also going near the house of P. W. 3, and the next day, a trunk of a dead body was found; that it is pertinent to note that after the occurrence, A-1 met p. W. 6 and confessed about the occurrence; that apart from that, pursuant to the confessional statements, the weapons of crime have also been recovered; that in the instant case, the lower Court has accepted the defence theory erroneously; that when the circumstances which were sufficient to prove the guilt of the accused, were placed and proved also, the lower Court should have accepted the case of the prosecution and found them guilty, and hence, the judgment of the lower Court has got to be set aside, and they have got to be dealt with in accordance with law.