ANNAMALAI Vs. STATE

JUDGEMENT

(1.) The appellant was first accused in S. C. No. 44/86 on the file of Court of Session, Dharmapuri Dist. Division at Krishnagiri. The first accused and others, viz., accused 2 to 6 faced charges under Sections 147, 302 read with 149 I.P.C. and 201 I.P.C. 1st accused alone was found guilty under Sections 302 and 201 I.P.C., convicted thereunder and sentenced to imprisonment for life under Section 302 I.P.C. and R. I. for three years under Section 201 I.P.C., with a direction for the sentences to run concurrently. The rest of the accused, viz., accused 2 to 6 were found not guilty of the offences with which they stood charged and they were acquitted thereof.

(2.) Aggrieved by the conviction and sentence, the present action had been resorted to by the first accused

(3.) Brief facts are :a. Chinnathallapadi and Periya Thallapadi are two tiny villages and the distances between them is about 1 k. m. Both the villages are situate within the jurisdictional limits of Singarapettai Police Station. All the accused 1 to 6 are the residents of Chinna Thallapadi, while one Vedian, (since deceased) was the resident of Periya Thallapadi. His wife is one Manonmani, who is none-else than the sister of 1st accused. Ever since, their marriage, there were frequent skirmishes and quarrels between the spouses. Consequently, the wife Manonmani had very often resorted to take shelter in her parents house.b. Some three months prior to the occurrences, which event happened on 7-7-1995, the wife Manonmani as usual, had gone to the house of her parents, obviously after picking up quarrel with her husband the deceased. The deceased took steps for bringing back his wife to the matrimonial abode by reporting the matter to P.Ws. 5 and 6 who it is said, tried their best to effect mediation between the spouses. However, such a mediation proved colossal failure two months prior to the occurrence.c. The first accused was stated to have some sort of an embittered relationship with his brother-in-law, the deceased as a consequence of his not having good marital relationship with his wife, the sister of first accused. It appears that the first accused, in a bid to do away with the deceased, had been moving in the company of the other accused, viz., accused 2 to 6 some time prior to the occurrence. On 7-7-1985 at about 7.30 p.m. or 7.45 p.m., 6th accused went to the grocery shop of P.W. 7 and purchased a coir rope and then at 8.00 p.m. he purchased two bottles of arrack from P.W. 8 the salesman of No. 3 arrack shop at Periya Thallapadi, obviously for the consumption of the arrack by him and his associates.d. P.Ws. 3 and 4 residing in the vicinity of the house of 1st accused, heard some hue and cry emerging from the house of first accused. Attracted by such hue and cry, they went there and had the fortuitous opportunity of observing the presence of all the accused and the deceased lying on the floor in the house of first accused at 10.00 p.m. They were able to presume from such a situation that the deceased had been done to death by the accused.e. In the meantime the deceased, who was stated to have gone out of his house in his cycle M.O. 6 at 10.00 a.m. on 7-7-1985, did not at all return to his house. His daughter P.W. 2 waited for his arrival and return till up to 17-7-1985 on which date she went and reported to her uncle Selvaraj, as to her father's missing for quite long and he in turn enquired about the whereabouts of the deceased and despite the efforts so taken, he could not locate him. Consequently, P.W. 2 went and reported the matter to P.W. 19, the Sub Inspector of Police Singarapettai Police Station Exhibit P. 2 is the complaint. In the said complaint she had given the description of the clothes worn by the deceased, her father when he last departed from his house. On the strength of the said complaint, P.W. 19 in turn, registered a case in Crime No. 68/85 as a man missing case. He prepared express reports and send the same to the concerned officials. Exhibit P. 21 is the express First Information Report.f. In the mean time, P.W. 1, the then Assistant Engineer, Pambar Dam, was able to locate a dead body floating in the dam at 9.00 a.m. on 10-7-1985. The body was found tied by means of a rope on the neck and hip region with two stones dangling on either side of the ends of the rope. Suspecting some foul play P.W. 1 went and reached Oothangarai Police Station at 12 noon and lodged Exhibit P. 1 information to P.W. 22, the then Sub Inspector of Police in charge of the station, who in turn on receipt of the same, registered a case in Crime No. 110/85 under Section 174 Cr. P.C. He prepared express reports and sent the same to the concerned officials. Exhibit P. 25 is the copy of the express report.g. P.W. 23 was the then Inspector of Police. On receipt of the express First Information Report at 12.00 p.m., he took up further investigation of the case. He then rushed and reached Pambar dam at 12.50 p.m. After inspecting the scene, he prepared Exhibit P. 3 observation mahazar. He drew a rough sketch of the scene Exhibit P. 26. He caused the body to be removed from the dam. Between 2.00 p.m. and 4.30 pm., he held inquest over the body of the deceased. Exhibit P. 27 is the inquest report. During inquest, he examined P.W. 1 and others. Since the body was in an advanced stage of putrefaction, he sent Exhibit P. 10 requisition through the Constable P.W. 21 for the purpose of conducting the autopsy over the body of the deceased at the spot itself. He also caused photographs of the body to be taken by the Photographer, P.W. 17. M.Os. 14 and 15 series are respectively negatives and photo copies. At 4.45 p.m. he recovered the peeled of loose skin from the left palm of the deceased under Exhibit P. 4 mahazar. At 5.00 p.m. he recovered from the body M.O. 4 two rupee note, M.O. 9 coir rope, M.O. 10 series two stones, besides recovering blood stained earth M.O. 11 from the place where the body was allowed to lie under Exhibit P. 5 mahazar. Exhibits P. 3 to P. 5 were attested by P.W. 9.h. P.W. 11 was the then Civil Assistant Surgeon attached to Primary Health Center, Mathur. On receipt of Exhibit P. 10 requisition, P.W. 11 rushed and reached the spot at 4.45 p. m. on 10-7-1985 and straightway commenced the autopsy. Exhibit P. 11 is the post mortem certificate he issued. He would opine that the deceased would have died 60 to 70 hours prior to autopsy due to the fracture of skull bone and fracture of upper jaw and removal of right eye.i. After the autopsy was over, P.W. 23 seized the right hand fingers of the deceased from the Doctor P.W. 11 who severed it from the body of the deceased under Exhibit P. 28 mahazar at 5.45 p.m. for the purpose of taking the impression of those fingers.j. After the autopsy was over P.W. 21 seized from the body of the deceased M.O. 1 shirt, M.O. 2 sleeveless banian, M.O. 3 inner garment, M.O. 5 thread waist cord and M.O. 13 Nylon rope and handed over the same at the police station, where it was seized under Exhibit P. 24 form 96.k. Since the autopsy revealed that the deceased died of homicidal violence, P.W. 23 altered the case into one under Section 302 I.P.C. and sent express reports to concerned officials. Exhibit P. 29 is the express copy of the first information report. On 11-7-1985 he examined P.Ws. 17 and 21 and recorded their statements. On 12-7-1985 he examined P.W. 11. On 17-7-1985, P.W. 19 the then Inspector of Police Singarapettai Police Station, caused Exhibit P. 21 the copy of the express first information report concerned in Crime No. 68/85 of his Police Station to be handed over to P.W. 23 Inspector of Police through the medium of P.W. 2, P.W. 23 showed the photographs M.O. 15 series to P.W. 2 on that day itself, he sent Exhibit P. 30 requisition to the Judicial II Class Magistrate's Court, Oothangarai, for identifying the Material objects, viz., M.O. 1 shirts, M.O. 2 banian, M.O. 3 inner garment and M.O. 5 thread waist cord found on the body of the deceased. M.O. 1 shirt was stated to have been stitched by the deceased some time prior to the occurrence by purchasing cloth from the shop of P.W. 16 with the aid of the tailor P.W. 15, P.W. 23 obtained permission from the Judicial II Class Magistrate, Oothangarai and got back M.O. 1 shirt so as to enable him to have the same identified by P.Ws. 2 and 15, who on the production of the same, identified as the shirt of the deceased.1. On 18-7-1985 P.W. 23 examined P.Ws. 3 and 4. At 10.00 a. m. on that day he made an inspection of the house of the first accused. After such inspection he prepared Exhibit P. 12 mahazar in the presence of P.W. 12. He drew a rough sketch Exhibit P. 31 at 5.00 p. m. He arrested accused 2 and 5 on some credible information at Chinnathallapadi junction road in the presence of P.W. 10. On interrogation 2nd accused was stated to have given a confession statement under Section 27 of the Evidence Act. The admissible portion of the confession statement is Exhibit P. 6. Likewise, 5th accused also gave a confession statement under Section 27 of the Evidence Act. The admissible portion of the said statement is Exhibit P. 8. Pursuant to Exhibit P. 6, 2nd accused took P.W. 23 to his house and produced M.O. 7, dothi, which was seized under Exhibit P. 7 mahazar. Likewise 5th accused, pursuant to Exhibit P. 8 confession, also took P.W. 23 to his house and produced M.O. 12 bamboo stick, which was seized under Exhibit P. 9 mahazar. Exhibits P. 6 to P. 9 were all attested by P.W. 10 and another. He took both accused 2 and 5 along with the seized properties to Oothangarai Police Station and put them in the lock up of the Police Station. On the next day he sent them to Court for remand.m. P.W. 13 was the then Village Administrative Officer, Chinnathalapadi Village. He was stated to be having an office at Mittapalli village. While he was available in the said Office at 6.00 a. m. on 19-7-1985, the first accused appeared before him and gave an extra judicial confession implicating himself and the rest of the accused, viz. accused 2 to 6 in the commission of the murder of the deceased by beating him with a wooden log and subsequently dropping the body of the deceased at Pambar dam. Exhibit P. 13 is the extra Judicial confession statement stated to have been given by first accused. P.W. 13 then took the first accused and went and reached Oothangarai Police Station at 9.00 a.m.n. P.W. 23 was then available in the Police Station. To him, P.W. 13 handed over the first accused, besides Exhibit P. 13 Extra Judicial confession statement of the first accused and his special report Exhibit P. 14. P.W. 23 arrested the first accused in the presence of P.W. 14. On interrogation, he gave a voluntary confession statement under Section 27 of the Evidence Act. Exhibit P. 15 is the admissible portion of the confession statement. Pursuant to the said confession statement, he took P.W. 23 to his house and produced M.O. 6 cycle and M.O. 8 Aruvamanai kattai kept concealed in the left of his house and they were seized under Exhibit P. 16 mahazar attested by P.W. 14 and another on the way at 5.00 p. m. P.W. 23 also arrested 4th accused in front of Singarapettai Bus Stand. He then brought both the accused 1 and 4 to the Police Station, and later, sent them to Court for remand.o) On 19-7-1985, P.W. 23 examined P.W. 6, who in turn, divulged the factum of 4th accused making an extra judicial confession statement to him in the sense of himself joining hand with first accused committing the murder of the deceased and subsequently dropping the body at Pambar dam.p) On 20-7-1985 he examined P.Ws. 5, 7, 8 and others at 7.30 p.m. he arrested 3rd accused at Ramagoundan valasu. He brought him to the Police Station at 9.00 p.m. The next day he sent 3rd accused to Court for purpose of remand. On 22-7-85 he examined P.W. 16 and others.q) On 29-7-1985 at about 7.00 a.m. he arrested 6th accused in front of Magadurpatti Government High School situate at Singarapettai - Tirupathur Main Road in the presence of P.W. 20. On interrogation, 6th accused gave a confession statement under Section 27 of the Evidence Act. Exhibit P. 22 is the admissible portion of the confession statement, 6th accused pursuant to the said confession statement, took P.W. 23 to his house and produced M.O. 16 series empty bottles-two in number and M.O. 17 aluminium tumbler, which were seized under Exhibit P. 23 mahazar. Exhibits P. 22 and P. 23 were all attested by P.W. 20 and another.r) On 11-8-1985 P.W. 23 sent Exhibit P. 17 requisition to the Judicial II Class Magistrate, Oothangarai for the purpose of sending the incriminating Material Objects to the Chemical Examiner for the purpose of examination.s) P.W. 18 was the then Head Clerk attached to Judicial Magistrate's Court, Oothangarai. On receipt of Exhibit P. 18 requisition, he after obtaining the orders of learned Magistrate, despatched the incriminating Material Objects to the Chemical Examiner for the purpose of examination under the original of Exhibit P. 18 office copy of the letter. Exhibits P. 19 and P. 20 are respectively the reports of the Chemical Examiner and Seriologist.t) P.W. 23 after completing the formalities of investigation, filed the final report under Section 173(2) Cr. P.C. before Judicial Magistrate, Oothangarai on 31-12-1985 against the accused 1 to 6 for alleged offences under Sections 147, 302 read with 149 and 201 I.P.C.