AYYAPPAN Vs. STATE

JUDGEMENT

(1.) APPELLANTS are two in number. They were tried in S.C.No.107 of 2004 on the file of the Additional Court of Sessions (Fast Track Court No.2), Salem under Sections 364 (A) read with 34 I.P.C., 302 read with 34 I.P.C. and 201 read with 34 I.P.C. At the end of the trial, the learned trial Judge found the accused guilty of all the offences, for which they were tried and sentenced each one of them to undergo imprisonment for life together with a fine of Rs.1,000/- carrying a default sentence on each of the first two charges and on the last charge, each one stands sentenced to undergo seven years rigorous imprisonment together with a fine of Rs.1,000/- carrying a default sentence. The sentences stand directed to run concurrently. Hence, the present appeal before this Court. Heard Mr.P.Rathanavel, learned counsel appearing for A1, Mr.C.Selvaraj, learned senior counsel appearing for A2 and Mr.N.R.Elango, learned Additional Public Prosecutor appearing for theState.

(2.) ACCORDING to the prosecution both the accused kidnapped Kannan - young boy on 16.10.2003 at about 4.00 p.m. with a view to get ransom from his father in the course of the same transaction, murdered him and with a view to screen the evidence of offence, they buried the body in the river bed and therefore punishable for the offences referred to earlier. To substantiate their case, the prosecution in all examined P.Ws. 1 to 22 and marked Exs. P.1 to P.30 and M.Os. 1 to 16. The defence on their side examined one witness as D.W.1. However, no documentary evidence was brought before Court at their instance.

(3.) P.W.19 is the police constable, who took the letter given by P.W.22 to the Thasildar, who in turn gave his letter to the Government Hospital at Salem. P.W.19 taking that letter went to the Government Hospital and handed it over to the doctor and there after both of them went to the Swetha river bed, where the dead body was handed over to the doctor for conducting post-mortem. After post-mortem, P.W.19 handed over the dead body to the relatives after removing the shirt, trouser, belt and nylon rope tied on the dead body, which he handed over to the investigating officer. P.W.18 is the Thasildar, Gengavalli and he was in-charge of the office of Thasildar, Attur. On the morning of 20.10.2003, P.W.22 sent him a word that a child's body had been buried in the river bed and P.W.18 sent his letter to the Government Hospital, Salem for conducting post-mortem and he sent that letter through the very same police constable, who brought the intimation from the police officer. At 12.30 p.m. on that day, police produced both the accused before him. P.W.18 gave enough breather to the accused and then examined them. He had taken their signature in their statements. Their statements were sent to the Court. As per the statements, the accused took P.W.18 and the police to the river bed where they pointed out the place where earth was excavated. A Gunny bag was found on such excavation and when the bag was opened, a highly decomposed body of nine years old boy with his hands and legs tied in Nylon rope was found. P.W.18 conducted inquest at the spot itself by examining P.W.12 and others. Ex.P.19 is the inquest report prepared by him. P.W.18 sent a requisition to the hospital for conducting post-mortem. He examined P.W.4 and recorded his statement. He sent all the statements recorded by him to the Court. P.W.17 is the Judicial Magistrate, who examined P.W.4 under Section 164 of the Code of Criminal Procedure pursuant to the orders passed by the Chief Judicial Magistrate. Ex.P.17 series are the request given by the police officer to examine P.W.4 and the orders passed there on by the Chief Judicial Magistrate. Pursuant to the request and orders passed by the Chief Judicial Magistrate, as per Ex.P.18 series, P.W.3 was also examined by him under Section 164 of the Code of Criminal Procedure and his statement was also recorded. P.W.16 is the doctor, who did post-mortem on the dead body. Ex.P.14 is the request sent by the Thasildar asking him to come to the spot. Ex.P.15 is the requisition given by the Thasildar to conduct post-mortem. P.W.16 conducted post-mortem at the place where the dead body was exhumed and he found it to be de-composed. During post-mortem, he found various symptoms, as noted by him, under Ex.P.16, the post-mortem report. The symptoms noted are as here under: