LOGANATHAN Vs. STATE

JUDGEMENT

(1.) )

(2.) THREE persons stand sentenced to death. Therefore, on a Statutory reference, the referred trial is before us. Each of the convicted accused has filed a separate appeal privately and those three appeals are also before us. Since the referred trial and the three appeals arise out of one sessions case, we have taken all the above referred to proceedings for a common disposal. Heard Mr.B.Sriramulu, learned senior counsel appearing for the first accused (A1); Mr.K.S.Dinakaran, learned counsel appearing for the second accused (A2); Mr.V.Gopinath, learned senior counsel appearing for the third accused (A3) and Mr.N.R.Elango, learned Additional Public Prosecutor appearing for the State.

(3.) P.W.20 is the Sub-Inspector of Police before whom, at 10.00 a.m on 10.11.2005, P.W.1 appeared and gave a written complaint, which he registered as Ex.P.1 in his police station Crime No.2835/2005 under sections 302 and 392 I.P.C. Ex.P.36 is the printed first information report. He sent the express records to the court as well as to the higher officials. He sent a copy of the express records to the Assistant Commissioner of Police also. He was examined by the Assistant Commissioner of Police. P.W.21 is the Assistant Commissioner of Police (Investigating Officer). At about 10.05 a.m on 10.11.2005, he received information over telephone about this crime from P.W.20. Accordingly he reached the crime scene where, he collected the copies of the express records. Then he commenced the investigation pursuant to the orders of his higher ups. At 10.45 a.m on that morning, in the presence of P.W.14 and another, he prepared Ex.P.10, the observation mahazar and Ex.P.37, the rough sketch. He requisitioned the services of the finger print experts to the crime scene as well as the dog squad. Then he caused the crime scene and the dead bodies to be photographed. P.W.18 is the police Photographer, who photographed the dead bodies and the crime scene from different angles. Exs.P.27 and P.28 series are the photographs and negatives. At 12.30 p.m on that morning, he conducted inquest over the dead body of Prabhu in the presence of witnesses and prepared Ex.P.38, the inquest report. Between 2.00 p.m and 3.00 p.m on 10.11.2005, P.W.21 conducted inquest over the dead body of Mohan Rao in the presence of panchayatdars and witnesses. Ex.P.39 is the inquest report. Between 3.00 p.m and 4.00 p.m on that day, he conducted inquest over the dead body of Sheela in the presence of panchayatdars and witnesses and prepared Ex.P.40, the inquest report. At 4.15 p.m on that evening, P.W.21 recovered M.O.24 (blood stained plastic mat) found close to the dead body of Prabhu; blood stained mosaic tile (M.O.28) and sample mosaic tile (M.O.29) under Ex.P.11 (recovery mahazar). Under Ex.P.11, M.Os.25 and 26 also came to be recovered while under Ex.P.12, M.O.27 came to be recovered. M.O.27 is the blood stained blue colour bed cover found close to the dead body of Mohan Rao. At 5.30 p.m on that evening, he recovered from the crime scene M.O.30 (blood stained nighty - a woman's wear) and a blood stained knife (M.O.1) found on top of it under Ex.P.13 attested by witnesses. Under Ex.P.14 (recovery mahazar), P.W.21 recovered M.O.32 (blood stained mosaic tile); M.O.33 (sample mosaic tile); M.O.34 (blood stained twin coloured button namely, grey colour and black colour and M.O.35, another twin coloured button, from beneath the dead body of Sheela. Then P.W.21 sent each of the dead bodies through a separate police constable to the hospital with separate requisition for post mortem.