MANICKAM ALIAS POONGA MANICKAM Vs. STATE

JUDGEMENT

(1.) ALL the above appeals arise out of the common Judgment dated 19. 04. 2004 made in S. C. No. 87 of 2003, on the file of the learned Additional district and Sessions Judge, (Fast Track Court -I), Chennai.

(2.) BEFORE the trial Court 18 accused were tried and the learned trial Judge acquitted A. 12 and A. 18 under Section 235 (1) Cr. P. C and convicted the rest of the accused. As against the acquittal of A. 12 and A. 18, the State has preferred Criminal Appeal No. 685 of 2005.

(3.) 01. 2002, statement of P. W. 2 on 06. 01. 2002 and the statement of P. W. 27 on 10. 01. 2002. As the case was transferred to CBCID Police, Chennai, he handed over the case diary to CBCID on 12. 01. 2002, and thereafter, the Deputy Superintendent of Police, CBCID, P. W. 67 took up the investigation and examined P. W. 1. On 13. 01. 2002, he examined P. W. 14, and again on 15. 01. 2002, he examined P. Ws. 1 to 4 and P. W. 67 and recorded their statements. On 16. 01. 2002, he examined P. W. 13 and 13 other persons. On 18. 01. 2002, he examined P. W. 9 and two others. On 21. 01. 2002, he examined P. W. 6 and on the same day, he send information to the p. W. 67, Superintendent of Police, Crime Records Parol, to identify the unidentified male dead body and photographs. On 22. 01. 2002, he examined P. W. 28 and ten others. On 21. 01. 2002, he examined P. W. 8 and six others. On 31. 01. 2002, he examined P. W. 5 and four others. On 05. 02. 2002, he obtained further statement from P. W. 4. (b ). On 21. 02. 2002, the Investigating Officer came to know the involvement of A-5 in the offence though an informant and a team was formed to follow A-5. On 18. 03. 2002 at about 5. 30a. m, P. W. 67 arrested A. 5 and recorded the confession statement under Ex. P. 43 attested by P. W. 44. A. 5 took p. W. 67 and identified TPK Food Products company at Mudichur, where he prepared observation mahazors Exs. P. 44 and 46 and drew a rough sketch Ex. P. 45. He examined P. Ws. 31 and 34 and thereafter, he went to the house of P. W. 10 and made recoveries as per the admissible portion of the statement of A. 5 under Exs. P. 41 to 49 attested by P. W. 30. Thereafter, A. 5 took him to the cremation ground at perambur where P. W. 67 prepared observation mahazar Ex. P. 47 and drew a rough sketch Ex. 48. He also recorded the statement of P. W. 12 and P. W. 19, two vettians, who identified M. O. 14, the photograph of M. K. Balan. He prepared an identification mahazar under Ex. P. 46 in the presence of P. W. 44. Thereafter, he examined one Kannan, Office Assistant of the Corporation of Chennai and recovered Ex. P. 29, the death report relating to one Rajamani Chettiar, son of chindamani Chettiar aged about 61 years, Ex. P. 30, the death register, Ex. P. 31 the counter foil and Ex. P. 32, the despatch note book. On the same day, he recorded the statement of P. W. 12 and P. W. 19, the vettians and P. W. 36, the office assistant of the Corporation of Chennai and recorded their statements. (c ). On the basis of the statement of A-5, the investigating Officer altered the FIR, Ex. P. 86 into one under Section 120 (B)read with Sections 364, 365, 302 and 201 of IPC. (d ). On 19. 03. 2002, the Investigating Officer again visited the cremation ground along with forensic experts and recovered jaw bone, one tooth and Ash in the presence of P. W. 12 and yet another witness by name Rajarajan. On 19. 03. 2002 at about 11. 30p. m, he arrested A-6 near Perambur bus stand. He recorded the admissible portion of the confession statement from a-6 under Ex. P. 16 on 20. 03. 2002 in the presence of P. W. 24 and one another witness and seized one Maruthi Omni Van M. O. 18 under a mahazar Ex. P. 17 and recorded the statement of one John Kennedy P. W. 37. On the same day, at about 12. 30p. m, he arrested A-7 at Mulakothalam bus stand and recorded his confession statement Ex. P. 38 and on the basis of the admissible portion of the confession statement, he recovered the iron cot M. O. 11 in the presence of P. W. 17 under ex. P. 7. On 22. 03. 2002, he arrested A-8 and recovered Exs. P. 27, 28 and P. 52 from p. W. 45. On 23. 02. 2002 at about 5. 30a. m. , he arrested A. 1 and A. 2 and recorded the confession statement of A. 1 under Ex. P. 14 and recovered M. Os. 21 to 26 series under mahazar Ex. P. 15. On 25. 03. 2002, at about 8. 15a. m he arrested A. 3 and recorded his confession statement Ex. P. 20 and on the basis of the admissible portion of the evidence, he recovered M. O. 12, Maruthi Zen Car under a mahazar Ex. P. 6 on the same day. He examined P. Ws. 32, Lusker in the corporation of Chennai and P. W. 33, Proprietor of DKP Food Products, Mudichur. On 30. 03. 2002, at about 7. 45 a. m, he arrested A. 9 and recorded his confession statement under Ex. P. 37 in the presence of P. W. 41 on the basis of the admissible portion of the confession statement, he recovered M. O. 7, Maruthi Van tn-22-B-8853 from P. W. 18 in the presence of P. W. 25. He took police custody of a. 1 and A. 3 as per the orders of the Magistrate on 01. 04. 2002 for a period of ten days and examined both of them. On 03. 04. 2002, A. 13 surrendered before the v-Metropolitan Magistrate in connection with Crime No. 1440/2001 in Anna Nagar police Station. On 04. 04. 2002, A. l gave confession under Ex. P. 12 which lead to recovery of M. Os. 15 to 20 under Ex. P. 30 to P. W. 24. A. 3 also gave a confession statement on 05. 04. 2002 which lead to the recovery of M. Os. 28 to 33 under the cover of mahazar Ex. P. 36 in the presence of P. W. 10. He recorded further statement of P. W. 1 on 06. 04. 2002 and thereafter arrested A. 10 and A. 11 at 10. 30a. m at moor Market Sub-way on 06. 04. 2003. He recorded the confession statement of A. 10 under Ex. P. 53 and recovered M. O. 2, Tape recorder under the mahazar Ex. P. 54. He also obtained sample signature Ex. P. 55 from A. 1 in the presence of P. W. 46. On 09. 04. 2002 at about 6. 00a. m he arrested A. 4 at Chrompet Railway Station and recorded his confession statement Ex. P. 34 in the presence of P. W. 9 and recovered M. O. 6, Ford Escort Car bearing Registration No. TN-10-F-5555 under mahazar Ex. P. 19. On 10. 04. 2002 at about 8. 00a. m, he arrested A. 12 at Egmore railway Station and recorded the confession statement under Ex. P. 22 and recovered M. Os. 21 to 32 under Ex. P. 23 in the presence of P. W. 29. As A. 12 has expressed his willingness to give confession statement under Section 124 cr. P. C, a petition was filed before the Chief Metropolitan Magistrate, Egmore on 11. 04. 2002. P. W. 67 came to know about the confinement of A. 13 in the Central prison, Chennai and effected a formal arrest on 19. 04. 2002. He arrested A. 15 at ega Theater on 24. 04. 2002 and recorded the confession statement under Ex. P. 50 in the presence of P. W. 44. He also recovered M. O. 10, Hero Honda bike under a mahazar Ex. P. 51. Thereafter, he recorded the statement of P. Ws. 61 to 65 on 08. 01. 2002. On coming to know about the surrender of A. 16, he obtained police custody for a period of ten days from 16. 05. 2002 to 22. 05. 2002. He also recorded the confession statement of A. 16 under Ex. P. 56 in the presence of P. W. 47 and recovered M. Os. 34 to 39 under mahazar Ex. P. 57 on 22. 05. 2002. He examined and recorded the statement of P. W. 20, P. W. 40, P. W. 51 and P. W. 56 on 25. 05. 2002 and thereafter, he recorded the statement of P. Ws. 49,50 and 57 on 26. 05. 2002, 27. 05. 2002 and 30. 05. 2002 respectively. He obtained four video cassettes and m. O. 27 from P. W. 28 and prepared the mahazar Ex. P. 21. He examined P. W. 43 and obtained Exs. P. 39 to 42. He sent M. Os. 31 to 33 namely the piece of paper and plastic cover for forensic department for comparison with Ex. P. 55. (e ). On 14. 06. 2002, the Investigating Officer filed final report in PRC. No. 55 of 2002 before the XXIII Metropolitan Magistrate, Chennai, against A. 1 to A. 16 and A. 17 and one unknown accused who was absconding. He filed an application on 19. 06. 2002 for further investigation as he came to know about the whereabouts of the absconding accused and thereafter, he arrested a. 17 at about 9. 00a. m at Egmore Railway Station on 01. 07. 2002. Thereafter, he also came to know about the involvement of A. 18. As A. 18 surrendered in connection with Dindigul Police Station of Crime No. 514/2002, he took police custody on 01. 08. 2002 and thereafter he filed final report on 10. 01. 2003 under section 120-B r/w Sections 364, 365, 419, 437, 387, 302, 420 and 201 of IPC. 5. In order to prove the guilt of the accused, the prosecution had examined P. W. 1 to P. W. 67, marked Exs. P. 1 to P. 86 and produced m. Os. 1 to 39. When the accused were questioned under Section 313 Cr. P. C. , as to their involvement in the offence, they had categorically denied each and every charges.