CHANDRAN Vs. STATE

JUDGEMENT

(1.) THE Criminal appeal is directed againstthe Judgement of the learned Additional District and Sessions Judge, Fast Track Court No. II, Madurai in S.C. No. 509 of 2004, dated 16.2.2005.

(2.) BROADLY but briefly, the case of the prosecution as stood exposited from the records could be portrayed thus:- Kasampatti village is a small village, within the Melavalavu Police Station Limits. P.W.1, the village Administrative Officer, Karuppaih came to know about the mortal remains of a human being so as to say, the pieces of bones protruding from the ground in S.No.554-1C-4 belonging to Periadaikan, whereupon, the Village Administrative Officer reported the matter on 21.2.2001 at about 8.00 a.m. to the Melavalavu Police, who registered a casein Crime No.99/2001 under Section 201 I.P.C. and started investigation into the matter. Subsequently, on 28.2.2001 at about 12.30 hours, A1-Chandran and A2-Saravanan appeared before Palanivelu, the village Administrative Officer of Kurakkottai Village, Velur Taluk and separately gave their extra judicial confessions, which were recorded by him. Thereafter, the Village Administrative Officer produced A1 and A2 before the Police along with the said confessions on the same day itself at 3.00 p.m. Consequently, the Police altered the First Information Report by adding Section 302 I.P.C. in addition to Section 201 I.P.C. under which, the F.I.R. was initially registered.

(3.) ON receipt of the confessions recorded by the Village Administrative Officer, the police caused post mortem to be conducted on the dead body at the spot itself, by the Doctor. Police also collected the skull and other mortal remains for conducting super imposition test with the help of the photo of the deceased. The publications were effected for identifying the dead body and thereupon, the father and wife of the deceased came and identified the dead body with reference to the clothes found on it and also on seeing the electric tester of the deceased. The Police also got the body photographed and prepared observation Mahazar and rough sketch. The Investigating Officer collected the sample mud as well as the mud mixed flesh of the deceased along with one rupee coin, one electric tester, one dark green colour terricotton lungi and one jatti.