SHANMUGAM Vs. STATE

JUDGEMENT

(1.) THE appellant was put on trial as sole accused on file of the learned Additional Sessions Judge, Fast Track Court No.II, Coimbatore in S.C.No.19 of 2006. He was convicted under Section 302 of I.P.C. and under Sections 224 r/w 511 of I.P.C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for one month for the offence under Section 302 of I.P.C. and to undergo rigorous imprisonment for one year for the offence under Section 224 r/w 511 of I.P.C.

(2.) THE appellant/accused was put on trial for the offences for which he was found guilty on the following facts:- THE accused was arrested on 09.09.2005 at about 7.30 p.m. by P.W.1, the Sub Inspector of Police, Video Piracy Cell, Coimbatore and was brought to the Office of the Video Piracy Cell at 11.30 p.m. At the time of arrest, the deceased Constable was also along with P.W.1 and the appellant/accused. A case was registered in Cr.No.50 of 2005 of Video Piracy Cell, Coimbatore against the accused under Sections 51 r/w 52(A), 68(A), 65 of THE Copy Right Act. THE accused was kept in custody in the Office of the Video Piracy Cell and as there was no separate lock up room both the accused and the deceased were left in the same room by P.W.1, the Sub Inspector of Police and thereafter, he locked the room and went to his home. At that time when P.W.1 left the Office of the Video Piracy Cell, the accused asked him whether he would be booked under Goondas Act to which P.W.1 had replied, that if he had involved in any previous cases, he may be booked under the Goondas Act. On hearing that the accused may be confined in detention under Goondas Act, he attacked the deceased Kaliappan with iron stool and caused his death. THE occurrence had taken place between 2.00 and 2.30 a.m. on 10.09.2005. THE accused thereafter, phoned to the police control room as well as G.K.N.M. Hospital, Coimbatore, expecting, that people may come and open the door and he may escape. P.W.9 who was working in police control room ( Phone No.100) received a call from one Shanmugham, the appellant/accused stating that there was some commotion near Kalyan Silks in 6th Street of 100 feet Road and thereafter she informed P.W.10 who was working in the control room as an operator. On receipt of such information, P.W.1 informed P.W.7, the Sub Inspector of Police who was on patrolling duty to go to the place. P.W.9 went to the place along with one Mr.Manickkam, the Inspector of Police, All Women Police Station, Kattur and found the gate of the Office of the Video Piracy Cell was locked from outside and therefore, he left the place on the ground that no incident had taken place. In the mean time on receipt of the phone call, the Staff of the Kuppusamy Naidu Memorial Hospital viz., P.W.8, 11 and 12 went to the place around 3.30 a.m. Inspite of search for about 45 minutes in the street, no one came to see them and therefore, they returned to the hospital. P.W.1 who came back to the Office of the Video Piracy Cell at about 3.30 a.m. on 10.09.2005 along with P.W.2 Head Constable and when he opened the door, the accused tried to escape but, was caught by both the P.W.1 and 2. THEreafter, both P.W.1 and 2 came to know that the Constable by name Kaliappan was found dead with number of injuries on the body. THEreafter, P.W.1 informed the Sub Inspector of Police at about 7.45 a.m. that the accused had committed murder of the deceased. On receipt of the information, P.W.23 went to the place of occurrence along with two constables and received a complaint, Ex.P.1 from P.W.1. THEreafter, he came to Kattur police station around 9.00 a.m. and registered a case in Cr.No. 1610 of 2005 under Sections 302 and 224 r/w 511 of I.P.C. and prepared Ex.P.18 Printed First Information Report. THEn, he sent the original Express F.I.R. to the Magistrate and copies to his higher-ups viz., P.W.25 Inspector of Police, In-charge of Kattur Police Station.

(3.) THEREAFTER, P.W.15 in continuation of his investigation at about 1.30 p.m. On 10.09.2005 recovered General Diary of Video Piracy Cell, M.O.8; Coimbatore, Physical Search Register of the Accused persons, M.O.9; Copy of First Information Report relating to Cr.No.50 of 2005, M.O.10; Lock and key,M.O.11, Paper publication regarding pirated video, M.O.12; and also publication regarding the arrest under Goondas Act , M.O.13 under the cover of mahazar, Ex.P.25. He arrested the accused in the presence of P.W.5 and another, recorded the voluntary confession of the accused, and recovered the blood stained shirt, M.O.1 and blood stained pant M.O.2 worn by the accused on his person after giving dresses for change under the cover of mahazar, Ex.P27 in the presence of the very same attesting witnesses. THEREAFTER, he sent the accused with all protection through Head Constables to Kattur Police Station. THEREAFTER, he rushed to the Government Hospital, where he examined P.W.18, the wife of the deceased Kaliappan her father and recorded their statements. THEREAFTER, he rushed to the Coimbatore City Police Control Room and examined, P.W.9, 10 and another and recovered General Diary Extract, Ex.P.28 under the cover of Ex.P.25. THEREAFTER, he examined the wife of the accused and his mother. He also examined the Inspector of Police attached to Kattur Police Station. After the post-mortem was over, the Head Constable attached to Kattur police recovered a ragged blood stained pant, M.O.15; blood stained banian, M.O.16; brown coloured jatty M.O.17; and Black colour belt, M.O.18 from the person of the deceased and handed over the same to P.W.25 who in turn recovered the same under the cover of the Special Report, Ex.P.29. On 10.0-9.2005 at about 8.00 p.m.,.he subjected the deceased to judicial remand after he was being produced before the Judicial Magistrate concerned. On 11.10.2005, he examined some of the witnesses and on 12.09.2005, he gave a letter to P.W.13, the Manager, Aircel Services requisitioning the particulars of phone calls relating to Cell Phone No. 9865745620 who in turn gave Cellphone calls statement, Ex.P.12. THEREAFTER, he recovered Log Book, Ex.P.10 relating to vehicle bearing Regn. No. TN 37 E 1307 under the cover of mahazar, Ex.P.30 and examined the witnesses. On 14.09.2005 and 15.09.2005 he examined some other independent witnesses and also other formal witness's viz., Doctor and others. After complying with usual formalities and upon completion of his investigation, P.W.25, the Inspector of Police laid final report on 30.09.2005 against the sole accused under Sections 302, 224 r/w 511 of I.P.C.