MURUGAIYAN Vs. STATE

JUDGEMENT

(1.) THE appellant, Murugaiyan, was charged along with Rangaraj. (The said Rangaraj was examined as P. W. 2 by the learned Sessions Judge ). He was tried before the learned II Additional Sessions Judge, In charge of Principal Sessions Judge, Erode, and the allegation against the appellant is that at 10. 00 p. m. on 22. 4. 1992, he caused the death of Gnanasekaran, a Rural Welfare Officer of Thalavadi village, by cutting him with an aruval in the house bearing door No. 215 at Thimbam village and later, removed the dead body with the help of Rangaraj and concealed the same in a forest, which was a kilometer away on the northern side. The learned trial Judge, finding the appellant guilty under Sections 302 and 201 IPC. , sentenced him to imprisonment for life for the former offence and five years rigorous imprisonment for the latter offence. The present appeal is against the said conviction and sentence.

(2.) THE facts necessary to dispose of the appeal are briefly mentioned as follows:-The deceased, Gnanasekaran, was working as a Rural Welfare Officer of Thalavadi village during the relevant period and P. W. 1 is his wife. On Tuesday, the 21st April, 1992, the deceased, Gnanasekaran, left his house for his office after informing his wife, P. W. 1. He did not return home. P. W. 1, finding that her husband has not returned home, sent a telegram, Ex. P-1, on 3. 5. 1992 and received a reply, Ex. P-2, dated 5. 5. 1992 from the Office informing her that her husband had come to the Office on 22. 4. 1992 and left at about 7. 00 p. m. on the same day and later, did not attend the office. She was also informed by the said letter that he did not attend the medical camp, which was held on 24. 4. 1992 and he did not also collect his pay for the month. On getting the letter dated 5. 5. 1992 from the authorities, P. W. 1 went to Thalavadi Panchayat Union and on being advised by the officer, who was present there, went to Thalavadi Police Station at 10. 00 a. m. on 8. 5. 1992 and gave a complaint, Ex. P-3, to P. W. 14, the Head Constable. In the said complaint, she has alleged that her husband, who has left the house on 21. 4. 1992, did not return home till 8. 5. 1992 and requested the authorities to trace him. The said complaint was registered as a case in Crime No. 63 of 1992 under the caption "man Missing" by P. W. 14, the Head Constable, and thereafter, investigation was taken up by P. W. 17, the Sub Inspector of Police, who was holding additional charge of Thalavadi Police Station.

(3.) P. W. 17, on taking up investigation in the crime, examined P. W. 1 and recorded a statement. He went to Chikkahalli and examined witnesses and thereafter, at Thimbam, he examined P. W. 3 and one Krishnan and others. On examining P. W. 3 and Krishnan, P. W. 17 came to know that the missing Gnanasekaran has been murdered by the appellant and on reaching the police station on the next day, altered the crime to one under Section 302 IPC. and 201 IPC. The express report in the altered first information report is Ex. P-23. The investigation was, thereafter, taken up by P. W. 18, the Inspector of Police, Thalavadi Police Station.