PALANIAMMAL Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374(2) Cr.P.C. against the judgment of the learned Additional Sessions Judge, Fast Track Court, Dharmapuri made in S.C.No.191 of 2004, dated 16.6.2006. THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court, Dharmapuri made in S.C.No.191 of 2004, whereby the appellants 4 in number along with 3 others ranked as A-5 to A-7 stood charged as follows: I Charge - A-1 to A-3 - S.302 r/w S.34 IPC II Charge - A-2 - S.506(2) IPC III Charge- A-1 to A-7 - S.302 r/w S.201 IPC On trial, A-1 to A-3 were found guilty under Section 302 r/w S.34 IPC and sentenced to undergo life imprisonment each and also to pay a fine of Rs.1000/- each, in default to undergo 3 months R.I. and A-1 to A-4 were found guilty under Section 302 r/w S.201 IPC and were sentenced to undergo 3 years R.I. and to pay a fine of Rs.1000/- each, in default to undergo 3 months S.I. and the sentences were ordered to run concurrently. A-5 to A-7 were acquitted of the charges levelled against them. Hence this appeal has arisen at the instance of A-1 to A-4.

(2.) THE brief facts necessary for the disposal of this appeal can be stated thus: a) THE first accused/the first appellant is the wife of the deceased Subramani. A-2 is the brother of A-1. A-3 is the brother of the deceased. A-4 and A-5 are the sisters' husbands of A-1. A-7 is the sister of A-1 and A-6 is the husband of A-7. A-1 and A-3 had developed illicit intimacy, which was objected to by the deceased. A-2 also purchased some landed properties from the deceased and though the entire consideration was paid, the possession was not handed over, thereby the accused were on inimical terms with the deceased. Apart from that, the deceased used to come in a drunken mood often and put A-1 to cruel treatment. All put together, all the accused hatched up a plan to cause murder of the deceased. Accordingly, on 19.02.2000 at about 9.00 p.m., they caused the death of the deceased. THEreafter, they took the dead body and buried in a nearby place. After a few days, A-1 to A-7 again went to the place and exhumed the dead body and packed it in a urea bag. A-4 to A-6 brought the dead body in a TVS 50 and after leaving the dead body in the road side coconut fibre heap, they left the place. b) On 29.02.2000, P.W.1, the Village Administrative Officer, was informed about the dead body. He proceeded to the spot. THEn, he went to the Karimangalam police station and lodged a written complaint Ex.P.1 to P.W.13, the Sub Inspector of Police. On the strength of the same, a case came to be registered in Crime No.268 of 2000 under Section 174 Cr.P.C. Ex.P.17, the F.I.R. was despatched to the Court. c) P.W.14, the Tahsildar, Palacode, on receipt of the copy of the F.I.R., proceeded to the place of occurrence and conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.18, the inquest report. P.Ws.1 to 4 have identified the dead body of the deceased. THE final report was marked as Ex.P.19. d) P.W.15, the Inspector of Police of Karimangalam Police Station, took up the investigation and proceeded to the spot. He came to know that the occurrence has taken place within the circle of Palacode Police Station. THEn, the case was transferred to Palacode Police Station. e) P.W.16, the Inspector of Police of Palacode Police Station, received the case file and renumbered the F.I.R. as Crime No.168 of 2000. Ex.P.21, the F.I.R. was despatched to the Court. On 8.3.2000 when P.W.6, the Village Administrative Officer, was in his office, A-1 appeared before him and gave confessional statement, which was recorded and marked as Ex.P.2. Following the same, she was produced before the respondent police station. A-1 came forward to give confessional statement, which was recorded in the presence of the witnesses. Following the same, the case was converted to Sections 302 and 201 IPC. Ex.P.22, the express report was sent to the Court. f) P.W.16 proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.4, the observation mahazar and Ex.P.23, the rough sketch. He recovered the material objects from the place of occurrence under a cover of mahazar. THE first accused was sent to judicial remand. g) P.W.10, the Doctor attached to the Government Hospital, Palacode, on receipt of the requisition, went to the place of occurrence and conducted post-mortem on the dead body of the deceased and has issued Ex.P.13, the post-mortem certificate and Ex.P.14, final report, wherein he has opined that the deceased probably died of asphyxia as a result of strangulation 10 to 15 days prior to autopsy. h) On 10.03.2000, the second accused was arrested in the presence of the witnesses and he came forward to give a confessional statement, which was recorded in the presence of the witnesses. THE confessional statement of A-2 was marked as Ex.P.10. Pursuant to the same, he produced M.Os.6 and 7, which were recovered under a cover of mahazar. A-3 was also arrested. On 14.3.2000 at about 17.00 hours, A-4 was arrested and 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.6. M.O.5, TVS 50 was recovered from him under a cover of mahazar. All the material objects recovered from the place of occurrence, from the dead body of the deceased and the M.Os recovered from the accused were sent for chemical analysis by the Forensic Science Department. Ex.P.15, Bone case report and Ex.P.16, the Chemical Report were received. THEn, the case was handed over to P.W.17, the Inspector of Police, who took up further investigation and on completion of the investigation, he filed the final report.

(3.) ADDED further the learned counsel that in the instant case, P.W.6 has clearly admitted that he was not at all acquainted to A-1 that apart from that the extra judicial confession has come into existence after a period of 20 or 25 days and that it is unnatural that A-1 gave extra judicial confession to P.W.6, who was not at all known to her.