CHIDAMBARA KANNAN Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals have been preferred against the judgment dated 25.01.1999 passed in S.C.No.178 of 1996 by the learned II-Additional Sessions Judge, Madurai. The Crl.A.No.159 of 1999 is by accused No.4 Crl.A.No.205 of 1999 is by accused No.5 Crl.A.No.220 of 1999 is by accused Nos.1 & 2 Crl.A.No.267 of 1999 is by accused No.6 and Crl.A.No.540 of 1999 is by accused No.3.

(2.) THE prosecution case is briefly as follows:(a) PW-3 is a resident of Pakkiyanathapuram, AK.K. Thankgamani Nagar. PW-3 is the husband of PW- 4. PW-5 is the son of PWs.3 & 4. THE deceased Raja @ Elayaraja was another son of Pws.3 & 4. THE deceased Elayaraja was in love with one girl by name Agalya (PW-6) and he had tattooed her name on his body. THE accused are the friends of the deceased Elayaraja. Just few days before the death of Elayaraja, Elayaraja informed his father and mother that he proposed to go to Tiruppur. THE mother advised him to take clothes, but he refused to take clothes. PW-1 solaiyappan is a resident of Ththaneri and he is a painter by profession. On 05.05.1995 at 11.30 hours he went to vaigai river and saw a dead body in a decomposed stage. So he gave a complaint, Ex.P1 to PW-11, the Sub-Inspector of Police, attached to Sellur Police Station. After receiving the same, PW-11 registered a case in Crime No.681 of 1995 under Section 174 Cr.P.C. THE FIR is marked as Ex.P15. (b) THEn, on the same day, at 14.15 hours he rushed to the spot where the body of the deceased was found and in the presence of panchayators, conducted inquest over the dead body. Inquest report is marked as Ex.P17. THEn, he sent the body for post-mortem to the Hospital. Ex.P19 is the Requisition Letter given by the PW11 to the Doctor. He prepared Observation Mahazar, Ex.P2 and Rough Sketch, Ex.P16. THEn, he caused the publication of the photograph of the dead body along with identification marks in the news paper. (c) THE father of the Elayaraja saw the newspaper and came to know that a dead body with the tattooed name of Agalaya in the mortuary. So, he rushed to mortuary along with PW- 4. He found that the deceased was his son. THEn, he gave a complaint, Ex.P3 to the effect that all the accused had murdered his son. This was also received by PW- 11. THEn, he altered the offences into 147, 148, 302 and 201 IPC and sent altered First Information Report, Ex.P18, to the Judicial Magistrate and Superior Officers and recorded the statement of witnesses. THEreafter the investigation in the case was taken over by P.W.13, the Inspector of Police. PW-12, Doctor attached to Madurai Medical College Hospital, conducted post-mortem over the dead body of the deceased. Post-morterm report is marked as Ex.P- 20. (d) On 09.05.1995 PW-7, Village Administrative Officer was present in his house in Door No.184-A, opposite to ESI Hospital. At about 2.00 clock 5th accused, Balan, appeared before him and gave a confession statement to the effect that he murdered Elayaraja along with other accused in the Vaigai river and buried him. He recorded the confession statement of accused No.5, Ex.P4 and prepared a report, Ex.P5 and on the same day, he handed over accused No.5 and Exs.P4 & P5 to PW13, the Inspector of Police. On the basis of confession statement, PW-13 at about 16.30 hours recovered MO.1, knife in the presence of PW-7 under Ex.P- 6. On the same day at 17.45 hours, he arrested the first accused, Moorthy and one Jayaraman in Annathoppu Puttuthoppu Mandabam and recorded their confession statement. Ex.P8 is the admitted portion of the confession statement given by the first accused. On the basis of his confession statement, he recovered Mos.4 & 5, Bloodstained Clothes in the presence of witnesses. On 10.05.1995 at about 05.30 a.m. he arrested the accused Chithambar Kannan (A4), Pandiyarajan (A2), Pandi(A3) in the Vaigai river near the Gandhi statue and at 18.00 hours he arrested 6th accused, Balan in Jaihindupuram Bharathi Road. On 21.07.1995 PW-14, Inspector of Police, took up the investigation and sent a Requisition Letter Ex.P10 to PW10, Subramaniam who was working under Judicial Magistrate No.II, Madurai, for sending material objects to the Forensic Lab. THE Chemical Analysis Report is marked as Ex.P- 12. PW-14 after completing the investigation, filed charge sheet against the accused before the Magistrate Court.

(3.) CHALLENGING the judgment of the trial Court, these appeals have been filed.