RAMESH Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern the two referred trial cases viz., R.T.Nos.6 and 7 of 2008 and the criminal appeals viz., C.A.Nos.249 and 247 of 2008.

(2.) THESE Referred Trials have arisen from the judgment of the Additional District and Sessions Division, Virudhachalam made in S.C.Nos.249/2007 and 247/2007 respectively whereby the sole accused therein stood charged under Sections 341, 302, 382 and 413 I.P.C., tried and found guilty as per the charges and awarded capital punishment of death sentence.

(3.) THE short facts necessary for the disposal of Criminal Appeal No.247/2008 can be stated thus: (a) THE deceased Sivakkkozhundu, wife of Rasakannu/P.W.1 belonged to Ariyaravi. On 2.1.2006 at about 5.00 p.m., she went for cutting grass for her cattle. P.W.1 Rasakannu husband of the deceased went in his cycle to take the grass bundle. When he went to the the usual spot, he could not find his wife. THEn, he went to the next field of one Chinnaponnu but there he found the dead body of his wife along with contusion of rope in her neck and also found the nose and ears were cut and the jewels were robbed. THEreafter, he called for help and along with others he took the dead body to his house and cremated the body on 3.1.2006. He did not given any complaint to the Police. (b) After lapse of one year, P.W.20 Inspector of Police Vridhachalam took the accused/appellant into custody in Crime No.470/2006 of the said Police Station. THE accused came forward to give confessional statement. THE same was recorded at 8.00 a.m. on 7.2.2007 in the presence of P.W.17 and another witness. THE matter was published in the newspapers stating that the accused/appellant has committed several murders. On seeing the news item, P.W.1 preferred a complaint before the respondent police station on 18.2.2007. (c) On the strength of the complaint Ex.P1, P.W.19 Sub-Inspector of Police registered a case in Crime No.17/2007 under Section 302 and 379 I.P.C. THE printed F.I.R. Ex.P7 was sent to Court. In the course of the said confession, the accused/appellant admitted that he committed number of murders, rapes and robbery in various places. THE admissible part that pertaining of the same was marked as Ex.P4. THE Inspector of Police P.W.20 took the accused along with the above witnesses to Avinankudi where the accused identified R.K.R. Bankers and its Proprietor who produced the nose screw M.O.1 and the same was seized under a cover of mahazar Ex.P5 in the presence of the said witnesses. THE statement of the witnesses were also recorded. (d) On 19.2.2007, the Superintendent of Police of Cuddalore District constituted a special team for investigating the case based on the confession given by the appellant/accused in Crime No.45/2007 of Kallakuruchi Police Station. He was produced before the Judicial Magistrate, Sankarapuram where he gave a confessional statement. THE same was also recorded by the Judicial Magistrate, Sankarapuram which was marked as Ex.P6. Pursuant to the orders of the Superintendent of Police, P.W.21 Inspector of Police on 5.3.2007 took up the case for investigation and went to the occurrence spot at 10.30 a.m. He made an observation and prepared Observation mahazar Ex.P2 in the presence of P.W.13 Village Administrative Officer and another witness Village Menial. He also drew a rough sketch Ex.P9. He went to the house of P.W.1 at 2.00 p.m. where also he prepared the observation mahazar Ex.P3 in the presence of the above witnesses and drew a rough sketch Ex.P10. He examined the witnesses and recorded their statement. THE Investigating Officer made a formal arrest of the accused in the Central Prison on 23.3.2007 in respect of the instant case. After completion of the investigation, the Investigating Officer filed a final report under section 341, 302, 323, 382, 413 and 75 of I.P.C. (d) THE case was committed to the Court of Sessions and necessary charges were framed. In order to substantiate the charges, the prosecution examined 21 witnesses and relied on 11 exhibits and one material object. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C. and the accused denied them as false No defence witnesses were examined. THE trial Court heard the arguments advanced on either side and took a view that the prosecution has proved its case beyond reasonable doubt and it was a fit case where the capital punishment of death sentence has got to be awarded and accordingly awarded and has referred the matter for affirmation. Notice was ordered to the accused/appellant. THE accused also preferred an appeal in Criminal Appeal No.247/2008 which is taken up for consideration.