M.K. Mukherjee, J. - (1.) This appeal under Section 379, Cr. P.C. is directed against the judgment and order dated September 2, 1997 rendered by the Madras High Court in Criminal Appeal No. 30 of 1988. By the impugned judgment the High Court reversed the acquittal of the appellant of five charges of murder, convicted him thereof and sentenced him to death. The victims were Nagamalai (elder brother of the appellant's father), his wife, two sons and a daughter.
(2.) The prosecution case briefly stated is as follows:- (i) On May 30, 1984 at or about 7.00 a.m. Sowndaram (PW-2), a resident of village Kondayapalayam, in which Nagamalai and appellant also lived, went to the house of the former to fetch milk as it was her daily wont. Reaching there she found him, his wife, two sons and a daughter lying dead in the front yard of their house with bleeding injuries on their persons. She rushed back to her house and told her husband Kurukkal (PW-3) about the macabre murders. PW-3 then went to the house of Nagamalai and, having seen the dead bodies, apprised his co-villager Ramaswamy (PW-1) of the incident. After a visit to the house of Nagamalai, PW-1 went to the nearby village Varapalayam and gave a report to Ramani Marimuthu (PW-7), their Village Administrative Officer, which was recorded by him. In that report he first described what he had seen in the house of Nagamalai and then stated that he suspected that Govindaswami (the appellant) and his younger brother had committed the murders as there was a land dispute between them and Nagamalai. (ii) PW-7 then left for village Kondayampalayam and after seeing the dead bodies went to Puliampatti Police Station and submitted the report (Ex.P.1). On that report a case was registered and investigation taken up by Palanisamy (PW-26), the then Circle Inspector of Police. He went to the house of Nagamalai held inquest upon the five dead bodies and sent them to the Government hospital, Sathyamangalam for post-mortem examination. He seized some articles from the scene of crime, including a wrist watch with its broken chain (M.O.1). (iii) On June 4, 1984 the investigation of the case was taken over by Shri Beeman (PW-27), an Inspector of Police. On that day he arrested the appellant and seized a blood stained lungi (M.O. 19) and a promissory note (M.O. 20) from his person under a memo (P.Ex.8). Pursuant to a statement made by the appellant he then went to the house of Marimuthu (PW-14), an astrologer by profession, in village Arasur and seized a cycle (M.O. 21) and a gunny bag (M.O. 23) containing a torch light (M.O. 18) and an aruval, (M.O. 22), a heavy sharp cutting instrument. The aruval, lungi and some other articles seized from the scene of crime were sent to the Forensic Science Laboratory (F.S.L.) for chemical examination. After receipt of report of such examination and on completion of investigation police submitted charge-sheet against the appellant.
(3.) The appellant pleaded not guilty to the charges and contended that he was falsely implicated.;