V DILIP KUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court No.I, Coimbatore, made in S.C.No.112 of 2007 whereby the accused stood charged under Sections 364, 369, 392 read with 397, 302 and 201 of IPC, tried, found guilty as per the charges and awarded life imprisonment, 7 years Rigorous Imprisonment, 10 years Rigorous Imprisonment, life imprisonment and 7 years Rigorous Imprisonment respectively, which were ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:(a) P.Ws.1 and 4 are the residents of Goundampalayam. THEy had two children namely Pradheep and Deepa aged 2 - at the time of occurrence. P.Ws.5 and 8 are neighbours residing in the house abutting the house of P.W.1. P.W.1 left for his business in the morning hours as usual. On 1.3.2007 at 10.00 A.M., P.W.4 was washing the clothes in the backside. At that time, in front of the pial, she found the accused playing with her child Dheepa. This was also witnessed by P.W.5, the neighbour. After sometime, P.W.4 came out and found her child missing. THE accused took the child from the place, and it was also witnessed by P.W. 8. THEn, he went to the shop of P.W.9, where he purchased a chocolate at about 11.00 A.M. THEreafter, he took the child. P.W.4 who could not find the child, made a search. Her husband came by 2.00 P.M. She informed him, and they were making a search till night. P.W.7 found the accused proceeding with the child at 3.00 P.M. (b) On 2.3.2007, at about 6.00 A.M. P.Ws.1 and 4 were in search of the child, and the dead body of the child was found in a ditch. Immediately, they took the child, brought home and found it injured. THEreafter, P.W.1 proceeded to the respondent police station where P.W.3, the Sub Inspector of Police, was on duty. He gave a complaint, Ex.P1, on the strength of which a case came to be registered in Crime No.163/2007 under Sec.174 of Cr.P.C. THE printed FIR, Ex.P3, was despatched to the Court.(c) On receipt of the copy of the FIR, P.W.15, the Inspector of Police of that Circle, took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P4, and also a rough sketch, Ex.P11. THEn, he conducted inquest on the dead body of Deepa in the presence of witnesses and panchayatdars and prepared an inquest report, Ex.P12. (d) THE dead body of Deepa was subjected to postmortem by P.W.13, the Tutor in Forensic Medicine, Coimbatore Medical College Hospital, pursuant to the requisition, Ex.P9, given by the Investigator. THE Doctor has issued a postmortem certificate, Ex.P8, with her opinion that the deceased would appear to have died due to violent compression over neck. (e) An additional report was given by the police that M.O.1, silver anklets, M.O.2, waist cord, and M.O.3 gold thayathu, which were worn by the child, were found missing. THEn, the case was altered to Sections 302, 201 and 379 of IPC. THE altered report, Ex.P13, was despatched to the Court. THE further investigation was on. (f) Pending the investigation, the accused appeared before P.W.11, the Village Administrative Officer (VAO) of the place, and gave a confessional statement which was recorded in the presence of his Assistant Nagappan. THEn, he was taken to the police station and was handed over to the Investigating Officer before whom he also volunteered to give a confessional statement which was recorded by the Investigating Officer. THE admissible part is marked as Ex.P14, pursuant to which he took the police party and produced in the presence of witnesses, M.Os.1 to 3 from the dustbin, and they were all recovered under a cover of mahazar. THEn, he was sent for judicial remand. All the material objects were subjected to chemical analysis which resulted in Ex.P2, the chemical analyst's report. It was also placed before the Court. On completion of investigation, the Investigating Officer filed the final report.

(3.) ADDED further the learned Counsel that as far as M.Os.1 to 3 are concerned, there is no identification mark in order to fix that they belonged to P.W.1 that number of injuries were found on the body of the child that they were not explained and how they happened remained unknown that the Doctor has given opinion that the compression over the neck was the reason for the death that in the instant case, the prosecution was unable to prove the cause of death that P.Ws.5 and 8 could not have seen the accused in the company of the child that they are all brought forth in order to suit the prosecution story that if the evidence of P.W.9 that the accused came with the child and also purchased chocolate from his shop for Rs.5/- is true and if it was actually given to the child, the chocolate contents should have been found in the stomach, but nothing is found that this theory of purchase of chocolate by the accused in the shop of P.W.9 along with the child was nothing but false that under the circumstances, the prosecution has miserably failed to prove the case, and hence he is entitled for acquittal in the hands of this Court.