PUTTU ALIAS MUTHUKUMAR Vs. STATE

JUDGEMENT

(1.) THESE appeals challenge a judgment of the Additional Sessions Division, Fast Track Court, Vellore, made in S.C.No.110 of 2007 whereby the appellants five in number, ranked as A-1 to A-3 and A-5 (appellants in CA 1121/2007) respectively and ranked as A-4 (appellant in CA 1087/2007), stood charged, tried, found guilty on trial, under Sections 120(b), 302 read with 34, 380 and 201 read with 302 of IPC and awarded 6 months Rigorous Imprisonment under Sec.120(b) IPC, life imprisonment along with a fine of Rs.500/- and default sentence under Sec.302 read with 34 IPC, 3 years Rigorous Imprisonment along with a fine of Rs.500/- and default sentence under Sec.380 IPC and 3 years Rigorous Imprisonment along with a fine of Rs.500/- and default sentence under Sec.201 read with 302 IPC.

(2.) THE short facts necessary for the disposal of these appeals could be stated thus:(a) P.W.1 is a native of Melmondur. THE deceased Elumalai was his son. P.W.1 had two daughters. P.W.2 is the first daughter. All the accused persons belonged to the same place. THEy were also friends of the deceased. On 28.5.2005, at about 6.00 P.M., P.W.1 found all the accused persons chatting with the deceased. On seeing this, he warned the appellants and chased them. Some time later, Elumalai left the place, but did not come back. P.W.1 and others were searching for him for a longtime but, they could not. While the matter stood thus, A-4 met P.W.3 and gave an extra-judicial confession as to the conspiracy hatched up by him along with the other accused and has also spoken about the crime. P.Ws.3 informed the same to P.W. 4. Both P.Ws.3 and 4 immediately informed to P.W.1. THEn, P.W.1 proceeded to the respondent police station on 16.9.2005 at about 8.00 A.M., and gave Ex.P1, the report, to P.W.19, the Sub Inspector of Police. On the strength of Ex.P1, the complaint, P.W.19 registered a case in Crime No.278/2005 under Sec.174 of Cr.P.C. THE printed F.I.R., Ex.P24, was despatched to the Court. (b) THE case was actually handed over to P.W.20, the Inspector of Police, for investigation. P.W.20 proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and a rough sketch, Ex.P25. Pending the investigation, A-4 was first arrested following the extra-judicial confession made by him, and he also identified A- 5. THEreafter, it was A-5 who took the police party to the place where the dead body was buried. An intimation was given to P.W.13, the Tahsildar concerned. He also came to the spot. THE body was exhumed in the presence of witnesses, and inquest was also conducted by him. THE inquest report is Ex.P11. After exhumation, the skull was sent for the purpose of superimposition test and DNA test was also conducted. THE body was found that of the deceased Elumalai. (c) Following the same, an intimation was given to P.W.17, the Medical Officer, attached to the Government Hospital, Vellore. On receipt of the requisition, P.W.17 conducted autopsy and has given his opinion in Ex.P19, the postmortem certificate, that in view of severe decomposition of the body, the cause of death could not be fixed. (d) THE further investigation was done. A-4 and A-5 identified the other accused. THEy were also arrested. It was A-3 who took the police party to the shop of P.W.8, a Pawn Broker, wherefrom 40 grams of gold ingot and also a silver waist cord were recovered under a cover of mahazar. THEreafter, all the accused persons were sent for judicial remand. A requisition was given for recording the statements of P.Ws.3 and 4 under Sec.164 of Cr.P.C. Accordingly, it was also recorded by the Judicial Magistrate No.I, Vellore. THEreafter, the statements of the other witnesses were recorded. All the material objects were sent for chemical analysis. Exs.P20 and 22 are the chemical reports and Ex.P21 is the toxicological report. P.W.21, the Inspector of Police, took up further investigation. On completion of investigation, he filed the final report under Sections 302, 201, 120(b) and 380 of IPC.

(3.) ADDED further the learned Counsel that the other circumstance relied on by the prosecution is the extra-judicial confession alleged to have been given by A-4 to P.W.3 that the trial Court should have rejected that piece of evidence in toto for the simple reason that according to P.W.3, it was A-4 who came and gave an oral confession, and thereafter, P.Ws.3 and 4 went to the Police Station and informed the police personnel as to the episode but, P.Ws.3 and 4 were informed that a regular complaint must be given to the Police Station and further the police advised them to inform to P.W.1, and accordingly they went to P.W.1 and informed him about the conspiracy and also about the crime that if to be so, P.W.1 when he gave the complaint, has not whispered anything in the complaint and that all the above would clearly indicate that this theory of extra-judicial confession was nothing but a cooked up affair in order to strengthen the prosecution case if possible.