MOHAN RAJ Vs. STATE

JUDGEMENT

(1.) (Criminal appeal preferred under Sec.374(2) of Cr.P.C. against the judgment of the Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore, in S.C.No.22 of 2004 dated 4.8.2004.) Challenging a judgment of the Additional Sessions Division, Coimbatore, made in S.C.No.22 of 2004 whereby the appellant ranked as A-2, along with another ranked as A-1, stood charged under Sections 302 and 201 of I.P.C. and found guilty as per the charges and awarded life imprisonment with a fine of Rs.5,000/- and default sentence and 3 years Rigorous Imprisonment along with a fine of Rs.1,000/- and default sentence respectively, the appellant/A-2 has preferred this appeal.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: (a) A-1 is the husband of the deceased Sarasal. A-2 was also working along with him. THE deceased, A-1 and A-2 were all doing work in a brick chamber. She was suffering often out of the stomach pain, and despite treatment, she could not set it right. A-2 informed her that his mother was giving native treatment, and hence, they could go to the village. On 4.7.2002, A-1 along with his wife Sarasal, since deceased, and the children went over to Puliampatti, where the house of A-2 was situated, and they were staying in that house. On the next day i.e., 5.7.2002, A-1 and A-2 went over to see the mother of A-2. In the evening hours, both A-1 and A-2 went outside, consumed arrack and returned at 8.00 P.M. After A-1 went asleep, A-2 called the deceased for sharing the bed, to which course she was not amenable. Immediately, he dragged her, took her to the rock side situated on the back of the house and dashed her head on the rock. She succumbed to the injuries. THE incident was witnessed by P.W.8. THEn, A-2 came inside the house, woke up A-1 and informed of his act. Both of them planned to suppress the same. THEy took the dead body to a place and buried the same. THEy kept quiet for sometime. After a few days that was on 9.7.2002, A-1 met P.W.1, the Village Panchayat President, and informed him about the incident. He gave an extra-judicial confession, which was recorded. THEn, A-1 was taken to the respondent Police Station where P.W.11, the Sub Inspector of Police, was present, on 9.7.2002 at about 4.00 P.M. P.W.1 gave a report, Ex.P13, to him, on the strength of which, a case came to be registered in Crime No.225/2002 under Sec.302 of I.P.C. THE First Information Report, Ex.P14, was despatched to the Court. (b) P.W.12, the Inspector of Police, on receipt of the copy of the FIR, took up investigation and recorded the confessional statement voluntarily given by A-1. THE admissible part is marked as Ex.P7. Pursuant to the same, A-1 took the Investigator to the place where the dead body was buried. Accordingly, the Investigator proceeded to the place which was identified by A-1, made an inspection in the presence of witnesses and prepared Ex.P8, the observation mahazar, and Ex.P15, the rough sketch. THEn, A-1 took the Investigating Officer to the place of occurrence. THEre also, the Investigator prepared an observation mahazar, Ex.P9, and a rough sketch, Ex.P16, was also drawn. THE matter was informed to the Tahsildar, P.W.5, who made a visit over there. In the presence of P.W.5, the dead body was exhumed. He conducted an inquest on the dead body of Sarasal in the presence of witnesses and prepared a report, Ex.P6. He gave a requisition to the Medical Person for the purpose of autopsy. (c) P.W.9, the Medical Officer, attached to the Government Hospital, Salem, on receipt of the requisition, conducted autopsy on the dead body of Sarasal and found the following injuries. "1) A contusion present on left temporal region of scalp 8 x 5 x 0.5 cm. 2) A fissured fracture present on left temporal bone 6 cm in length. (antemortem injury)" THE Doctor has issued Ex.P10, the postmortem certificate, with his opinion that the deceased died of head injuries. (d) All the material objects recovered from the dead body, were subjected to chemical analysis, as a result of which Ex.P11, the Chemical Analyst's report, was received by the Court. P.W.13, the Inspector of Police, took up further investigation. On completion of investigation, the final report was filed by the Investigator as against A-1 under Sections 302 and 201 of I.P.C. and as against A-2 under Sec.201 of I.P.C.

(3.) ADDED further the learned Counsel that in the instant case, even the place of burial was identified only by A-1 that no incriminating circumstances were found as against A-2 that there was no material at all connecting A-2 with the crime in question namely either murder or screening of evidence that the lower Court has not considered all these aspects of the matter, but found him guilty, and hence, the appellant is entitled for an acquittal in the hands of this Court.