CHITTU @ CHITHRA; PANDIAN @ MARUTHA PANDIAN Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.517 of 2012 is A.1 and the appellant in Crl.A.No.323 of 2015 is A.2 in S.C.No.32 of 2011 on the file of the learned II Additional District Sessions Judge, Erode. The trial Court framed charges for offences under Sections 302 r/w 34 and 201 I.P.C., against A.1 and Sections 302 r/w 34, 506(ii) and 201 I.P.C., against A.2. By judgment dated 03.08.2012, the trial Court convicted both the accused and sentenced them to undergo imprisonment for life and to pay a fine of Rs.100/- each in default to undergo rigorous imprisonment for six months for the offence under Section 302 r/w 34 I.P.C and to undergo rigorous imprisonment for five years (no fine amount was imposed for this offence) for offence under Section 201 I.P.C. The trial Court ordered the above sentences to run concurrently. However, the trial Court acquitted A.2 from the charge under Section 506(ii) I.P.C. Challenging the above conviction and sentence, the appellants/A.1 & A.2 are before this Court with these Criminal Appeals.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) It is further alleged that the deceased was found missing from 11.08.2005 onwards. P.W.1 is the wife of the deceased. She went in search of him but, could not find. However, she did not make any complaint to the Police. On 01.11.2005, for the first time, she went to the Police Station and made a complaint. The said complaint was received by P.W.19, the then Inspector of Police of Soorampatti Police Station, Erode District. On receipt of the said complaint under Ex.P.1, P.W.19 registered a case in Crime No.863/2005 for "man missing". Ex.P.29 is the F.I.R. Then, he took up the case for investigation and examined many witnesses. At 1.00 p.m., on 01.11.2005, he went to the house of the deceased and prepared an observation mahazar and a rough sketch in the presence of witnesses. But, he was not able to get any breakthrough. While so, it is alleged that at 6.15 pm on 06.11.2005, A.1 appeared before P.W.8, the then Village Administrative Officer and wanted to confess. After having ascertained that A.1 was going to voluntarily confess, P.W.8 started recording the same as verbatim. Ex.P.2 is the confession so recorded by him from A.1. Then P.W.8 took A.1 along with the confession and his special report and produced him before P.W.19. At 7.30 pm on 06.11.2005, on such production, P.W.19 arrested A.1 in the presence of the same witnesses. He gave a voluntary confession in which, he had disclosed the place where he had hidden a spade with handle and a crow bar. He also disclosed the place where the dead body had been buried.