N BASKAR Vs. STATE

JUDGEMENT

(1.) THESE Criminal Revision Appeals have been filed against the order of conviction and sentence dated 15/3/2005 passed in S.C.No.84 of 2004 by the Additional District and Sessions Judge-cum-Fast Track Court No.2, Tuticorin.

(2.) THE learned trial Judge framed six charges against the accused under Sections 364, 328, 379, 302 (as against A.2), 302 r/w. 34 (against A.1) and under Section 201 IPC on the allegation that on 26/2/2002 at 7.00 a.m., both the accused who are masons by profession, took the deceased, who was working along with them as Assistant, from the residence in a two wheeler; both of them administered sleeping pills to the deceased by mixing the same in tea; on the deceased becoming unconscious, they removed her clothes and jewels worth Rs.11,000/-; A.1 with the help of A.2, cut the deceased on the neck and caused her death and thereafter, both the accused in order to screen the offence, severed the hands and thrown the same in a water tank.

(3.) GASPING cut injury (torn) from forearm seen in front of neck (torn) from right (nc) region wind pipe and underlying major vessels, nerves and muscles and thyroid cartilage cut. Hyoid bone intact. Left shoulder cutting 3 cm x 3 cm x 1 cm near (nc) end of clavicle. The Doctor has opined that the deceased would appear to have died of shock and haemorrahage due to multiple cut injuries 3 " 4 days prior to post-mortem. P.W.20 while working as a Village Administrative Officer at Perungulam Village, on 5/3/2002 came to know through his Assistant/P.W.21 that human hands were floating in the pond of the Village and finding two severed hands, immediately went to the Police Station and lodged a complaint/ Ex.P.20 with P.W.30. P.W.30 on receipt of the complaint given by P.W.20, registered a case in Crime No.61 of 2002 for an offence punishable under Section 326 IPC. Ex.P.40 is the copy of the First Information Report. Ex.P.41 is the Observation Mahazar prepared while recovering the left hand under Ex.P.42 and Ex.P.43 is the Observation Mahazar prepared for the right hand recovered under Ex.P.44 in the presence of witnesses. P.W.30 forwarded both the hands for medical examination. P.W.24 Medical Officer, attached to the Government Hospital, Srivaikundam, on receipt of requisition Ex.P.17, on 5/3/2002 at 4.30 p.m., commenced post-mortem and issued Ex.P.19 post-mortem certificate, wherein he noted down the following:- Right Upper limb: Found cut at middle of upper arm underlying muscles, nerves, blood vessels and shaft of humerous found cut completely. External appearance: Complete peeling of skin present with tattoo mark Vijayakumar on front of right forearm. No other injury noted in forearm, wrist and hand. Length of forearm from hand tip of middle finder 38 cm. Length of upper arm from elbow 12 cm. Left upper limb: Tattoo mark Rosy present over forearm peeling of skin present over left handback of left forearm. Left wrist " Ante mortem contusion of 5 cm x 5 cm seen on outer aspect and front of wrist. Left arm cut at middle of humerous and measures cut completely length of forearm to elbow from tip of hand 38 cm. The Doctor has opined that "Comparing with anatomical position of already examined dead body of unknown female and now examined both upper limbs matches anatomically with that of the body." 5. P.W.33, Investigating Officer, On 17/3/2002, at 5.00 p.m., arrested A.1, who gave a voluntary confession statement and produced silver anklets M.O.3 from his pocket and the same was recovered under Ex.P.6. He also produced Aruval M.O.12 and shirt M.O.13 which were recovered under mahazar Ex.P.7. On 11/4/2002, at 3.00 p.m., the Investigating Officer arrested the second accused. Pursuant to the voluntary statement, he produced saree-M.O.6, jacket- M.O.4, inner-garment M.O.5 and blood stained Aruval - M.O.14 in the presence of P.W.16 Village Administrative Officer and the same had been recovered by the Investigating Officer. Subsequent to his statement, P.W.33 recovered gold chain and ear stud that have been pledged with P.W.19 pawnbroker under Ex.P.11. P.W.33 also recovered M.O.16 sleeping pills, M.O.17 Diary, M.O.18 hand bag, M.O.19 Shirt and M.O.20 pant under Ex.P.12. P.W.32 Inspector of Police, who took over investigation of the case in Crime No.61 of 2002, after examination of Post-mortem Doctor and other witnesses, filed final report under Ex.P.45. Photographs of both the hands are marked as M.O.23 and M.O.24 and M.O.10 is the negative thereof. The Investigating Officer, during the course of investigation, examined P.Ws.2 and 3. P.W.2 and P.W.3 identified the jewels and clothes as that of the deceased. During the course of investigation, P.W.33 recovered a diary of the second accused, wherein, he has written about the purchase of sleeping pills as well as how he committed the death of the deceased. To compare handwriting in the diary, sample signatures under Ex.P.48 were received from A.2 in the presence of P.Ws.17 and 18. P.W.25, the Court Clerk, on receipt of the Material Objects, forwarded the same for chemical analysis and the diary for receiving opinion from the hand writing expert. Exs.P.22 and P23 are Chemical analysis report and serelogical report. Ex.P.26 is the opinion of hand writing expert. Ex.P.31 is the report received with regard to the sleeping pills. P.W.29 chemical analyst has issued Ex.P.34 report to the effect that human blood was found on M.Os.3, 5 and 7. P.W.31 the hand writing expert by comparing Ex.P.17 with sample signatures obtained from A.2 gave his opinion under Ex.P.26. The Investigating Officer, after examination of the witnesses receiving opinion from the Medical Officer, chemical analyst and hand writing expert, and on conclusion of the investigation, filed final report against the accused.