M.CHOCKALINGAM, J. - (1.) THIS judgment shall govern these two appeals in C.A.Nos.407 and 477 of 2007. The former is brought forth by A -1 and A -2, while the latter is filed by A -3.
(2.) ALL these three appellants stood charged under Sections 120 -B, 302 read with 34, 404 and 201 of IPC. On trial, A -1 to A -3 were found guilty under Sections 302 read with 34 and 201 of IPC, and A -2 was found guilty under Section 404 of IPC. In respect of charges under Section 120 -B of IPC against A -1 to A -3 and under Section 404 of IPC against A -1 and A -3, they were acquitted. A -1 to A -3 were awarded life imprisonment along with a fine of Rs.1,000/ - and default sentence under Section 302 read with 34 of IPC, and A -2 was awarded three years Rigorous Imprisonment along with a fine of Rs.500/ - and default sentence under Section 404 of IPC. Hence, these appeals have been brought forth by the appellants.
(3.) THE short facts necessary for the disposal of these appeals can be stated as follows: (a) P.W.2 is the son of P.W.20. P.W.21 is the brother -in -law of P.W.2. The deceased Vasantha was the sister of P.W.20. The deceased had no issues. She brought up P.W.2. A -1 had financial transactions with the deceased and in that account, he was to pay Rs.20,000/ -. There was an occasion in which she abused A -1 on a particular day, which was witnessed by P.W.5. On the date of occurrence i.e., 11.8.2004, A -1 came to the house of the deceased, and following a wordy quarrel, A -1 informed her that she must make assurance before the deity at Muniappa Temple and then only he will be ready to make the payment. So saying, he took her in the TVS 50 XL, and this was witnessed by P.W.2 and also by P.W.6. Some time later, P.W.6 found A -1 alone returning with the TVS 50 XL and also taking A -2 and A -3. All of them went together, and this was witnessed by P.W.20 also. (b) P.W.1 is the Village Administrative Officer (V.A.O.) of Pattanakathan Group. At that time on 14.8.2004, when he was at Seethakadhi Stadium, he was informed at about 6.30 p.m. by the village assistant one Ramesh, that on the field side of Pattanakathan Village, a dead body of a female was found. Immediately, he proceeded to the place along with him, and after seeing the dead body, he proceeded to Kenikkarai Police Station, the respondent herein. He gave a complaint to P.W.22, the Sub -Inspector of Police, under Ex.P -1, on the strength of which a case came to be registered in Crime No.429 of 2004 under Section 174 of Cr.P.C. Ex.P -25, the printed FIR, was despatched to the Court. (c) P.W.23, the Inspector of Police of that Circle, on receipt of the copy of the FIR, took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P -2, and a rough sketch, Ex.P -40. He also conducted inquest on the dead body of Vasantha in the presence of witnesses and panchayatdars and prepared Ex.P -39, the inquest report. Following the same, the dead body was sent to the Government Hospital along with a requisition for the purpose of autopsy. (d) P.W.16, the Assistant Surgeon, attached to the Government Head Quarters Hospital, Ramanathapuram, on receipt of the requisition, conducted autopsy on the dead body of Vasantha and has issued a postmortem certificate, Ex.P -16, with his opinion that the deceased died due to the burn injuries sustained by her. (e) The Investigator examined the witnesses and recorded their statements. Further, on 15.8.2004 at about 3.00 p.m., when P.W.1, the V.A.O., was in his office, A -1 appeared before him and made a confession, which was recorded. Immediately, A -1 was produced before the Investigator, and he also gave a confessional statement, which was recorded in the presence of witnesses. The admissible part of the said statement is marked as Ex.P -7. Following the same, A -1 identified A -3. A -3 also gave a confessional statement in the presence of witnesses, which was recorded. The admissible part is Ex. P -8. Following the same, A -1 and A -3 took the Investigator to a bush and produced a plastic bottle, M.O.4, false hair, M.O.5, and a kerchief, M.O.6, which were recovered under a cover of mahazar, Ex.P -9, in the presence of witnesses. Both A -1 and A -3 identified A -2. A -2 also gave a confessional statement. The admissible part is marked as Ex.P -10. Then, he took the Investigator to P.W.9, from whom M.O.8, a gold chain, and M.O.9, a pair of gold stud, were recovered under a cover of mahazar, Ex.P -13, since they were pledged with him by A -2. Thereafter, P.W.9 took the Investigator to the STD Booth where from he produced M.O.12, pledge chit, which was recovered. Then, A -1 took the Investigator and produced M.O.10, TVS 50 XL, which was recovered under a cover of mahazar, Ex.P -14. Following the same, all were sent for judicial remand. (f) The Investigator altered the case to Sections 302 and 379 read with 201 of IPC, and the express report, Ex.P -26, was sent to the Court. The material objects recovered from the place of occurrence, from the dead body and from the accused pursuant to the confessional statements, were subjected to chemical analysis which resulted in Exs.P -19, P -21 and P -23, the Chemical Analyst's reports, and Ex.P -22, the Serologist's report. On completion of investigation, the Investigator filed the final report. The case was committed to Court of Sessions, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 23 witnesses and also relied on 40 exhibits and 13 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. They denied them as false. No defence witness was examined. The trial Court heard the arguments advanced and took the view that the prosecution has proved the case beyond reasonable doubt in respect of the murder and also screening evidence and not in other respects. Accordingly, the Court below found them guilty and sentenced them to imprisonment, which is the subject matter of challenge before this Court.;