PITCHAI PANDI ALIAS MUGESH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374(2) Cr.P.C. against the judgment of the learned Additional District and Sessions Judge, Fast Track Court-II, Coimbatore made in S.C.No.376 of 2006, dated 19.7.2007. Challenge is made to the judgment of the Additional District and Sessions Division, Fast Track Court No.2, Coimbatore made in S.C.No.376 of 2006, whereby these appellants stood charged, tried and found guilty as follows: TABLE The sentences were ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: a) P.W.1 is the daughter-in-law of the deceased Savithri. P.W.2 is the son of P.W.1. THE husband of P.W.1 was employed as Engineer in Mumbai. P.W.1 was employed in a private School. P.W.2 is doing his education. Usually, all left the house at about 9.00 a.m., leaving Savithri alone in the house. THE said Savithri used to wear all jewels. When P.W.1 went to School, she informed to Savithri to close the door. b) As usual, on 15.10.2005, P.W.1 left for school and P.W.2 also went to School. THEreafter, they came at 5.45 p.m. Unusually, the door was just closed without being locked. P.W.1 opened the door and went inside and found Savithri in a pool of blood. A chain and also one diamond ear stud, out of two, were removed and the telephone wire was also found disconnected. P.W.1 informed to P.W.14. Immediately, P.W.14 informed to police through his phone. c) P.W.21, the Inspector of Police, has arrived to the place of occurrence. P.W.1 gave Ex.P.1, the report at about 8.00 p.m., on the strength of which, a case came to be registered in Crime No.545 of 2005 under Sections 448, 397 and 302 IPC. Ex.P.29, the F.I.R. was despatched to the Court. P.W.21 took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. Finger print experts were called for. P.W.21 prepared Ex.P.18, the observation mahazar and Ex.P.30, the rough sketch. He recorded the statement of the witnesses. He has also conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.31, the inquest report. M.O.3, one diamond stud was also recovered under a cover of mahazar. THE dead body was sent to the hospital for the purpose of autopsy. d) P.W.19, the Doctor attached to the Government Medical College Hospital, Coimbatore, on receipt of the requisition, has conducted autopsy on the dead body of the deceased and has issued Ex.P.25, the post-mortem certificate, wherein he has opined that the deceased would appear to have died of asphyxia due to compression of air passages associated with injuries. e) On 5.3.2006, P.W.20, the Inspector of Police, Aruppukkottai Town Police station, arrested the first accused in a case in Crime No.98 of 2006 under Section 387 IPC. THE first accused came forward to give confessional statement, which was recorded in the presence of the witnesses. THE admissible part of the same was marked as Ex.P.26. Pursuant to the confessional statement, A-1 identified one Siddiq, from whom M.O.2, one pair gold bangle was recovered and he also identified one Chitra, from whom, M.O.1, gold chain, weighing 5 sovereigns, was recovered in the presence of the witnesses. THEy were recovered under Exs.P.27 and P.28 mahazars. On information, P.W.21, the Investigator of the present case, took the custody of A-1 on 13.3.2006 from the Court. On 17.3.2006, A-1 gave confessional statement in the presence of the witnesses and the same was recorded. A-1 also produced M.O.9, lungi, which was recovered under a cover of mahazar. P.W.21 examined P.Ws.3,6,7,8 and 9 and their statements have been recorded. A-1 was sent for judicial remand. f) On 10.3.2006, P.W.10 and one Chinnathangam were examined and their statements were recorded. On 22.3.2006, P.W.18, the Inspector of Police of Erode Surampatti Police Station, arrested A-2 in respect of Crime No.132/2006 under Section 387 IPC. A-2 came forward to give confessional statement, which was recorded in the presence of the witnesses. THE admissible part of the same was marked as Ex.P.23. Pursuant to the same, he was produced before the court. g) On 4.4.2006, an identification parade was conducted before the concerned Judicial Magistrate in respect of A-1. P.W.10 was able to identify him properly and the said identification parade proceedings was marked as Ex.P.6. Equally, on 05.4.2006, an identification parade was conducted by the concerned Judicial Magistrate, in which P.W.10 was able to identify A-2. THE identification parade proceedings was marked as Ex.P.4. On 3.4.2006, statements of P.Ws.3,6,7,8,9,10 and 11 under Section 164 Cr.P.C. were recorded. h) On 7.4.2006, the second accused was taken to police custody and on 10.4.2006, he came forward to give confessional statement, which was recorded in the presence of the witnesses. THE admissible part of the same was marked as Ex.P.12. A-2 also identified one Siddiq, from whom M.O.8, one diamond ear stud was recovered under a cover of mahazar. THEn, A-2 was sent for judicial remand. THE finger prints taken from A-1 were compared with the finger prints taken from the place of occurrence and they were found tallying. Ex.P.21 is the finger print report. THEn, all other witnesses were examined and their statements were recorded. On completion of the investigation, the Investigating Officer has filed the final report.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.