SELVAM @ NENJAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.131 of 2008, on the file of the Principal Sessions Judge, Salem. He stood charged for the offence under Sections 302 and 201 r/w. Section 302 of the Indian Penal Code. By judgement dated 18.08.2011, the trial Court convicted him under both charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for one month for the offence under Section 201 read with 302 of the Indian Penal Code. Challenging the said conviction and sentences, the appellant is before this Court with this appeal.

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

(3.) Based on the above materials, the trial Court framed charges under Sections 302 and 201 r/w. Section 302 of the Indian Penal Code. Since the accused denied the same, to prove the case, on the side of the prosecution as many as 13 witnesses were examined, 27 documents and 11 materials objects were marked. Out of the said witnesses, P.Ws.1 to 3 have stated about the missing of the child from 7.30 p.m. on 23.12.2003 onwards from the house of P.W.3. They have further stated that they identified the dead body on 26.2.2003, after the dead body was lifted out from the well. They have also identified the personal belongings of the deceased. P.W.4 is a person belonging to the same village. He has stated that on 23.12.2003, at about 10.30 p.m., when he was passing through the fields, he found that in darkness somebody was moving. Then he flashed the torch light and found that it was the accused, carrying a gunny bag. When P.W.4 enquired, the accused told that it was paddy bag and he was taking the same to Tholasampatty rice mill. This happened somewhere near the place where the dead body was found. P.W.5, the Village Administrative Officer, has spoken about the extra judicial confession given by the accused; the discovery of the dead body from the well; the recovery of personal belongings of the deceased and the disclosure statement made by the accused. P.W.6 has stated that on the instructions of the Inspector of Police, he lifted the body out from the well. P.W.7 has spoken about the observation mahazar and the rough sketch prepared at the place of occurrence. P.W.10 has spoken about the photographs taken on the dead body of the deceased. P.W.12 has spoken about the autopsy conducted and his final opinion regarding the cause of death. P.W.11 has spoken about the registration of the case on the complaint of P.W.1 and P.W.13 has spoken about the investigation done and the final report filed.