Case: P.RAJAGOPAL AND ORS. ETC Vs. THE STATE OF TAMIL NADU

2. The material facts leading to these appeals are asNo. 1 is the proprietor of a chain of hotels (Saravana Bhavan). Either upon the advice of an astrologer or having become besotted with PW1, Accused No.1 had evinced a keen desire to take PW1 as his third wife, though she was already married to Santhakumar (the deceased). In order to fulfil his desire, Accused No.1 used to financially help PW1, her family members and her husband. He used to talk to PW1 over the phone frequently, and also gave her costly gifts such as jewellery and silk sarees and even went to the extent of paying her medical bills. In a further bid to gain PW1?s love and affection, he frequently interfered in her personal matters. Once when she was ill, under the pretext of better treatment as advised by another doctor, Accused No. 1 forcefully shifted her to another hospital, where he advised her not to have sexual relations with her husband and made her undergo a series of tests. The deceased Santhakumar was instructed to get himself tested for AIDS and other such diseases, which he refused outright.On 01.10.2001, PW1 and her husband were abducted by Accused No.1 and his henchmen (including the appellants herein), for which a separate complaint (Ext. P3) was lodged by PW1 and a separate trial was conducted. Some of the accused therein were convicted. Separate appeals were also filed against the judgment of conviction for the incident of abduction. As they have been decided separately, we do not propose to discuss the said incident and offence in detail in these appeals.Accused No.1 took the help of the other appellants in order to eliminate the husband of PW1, for securing PW1 as his third wife. Subsequent to the incident of 01.10.2001 relating to abduction, Accused No. 2 contacted PW1 and told her that he regretted the previous events and suggested to PW1 to lodge a police complaint. A few days prior to the murder, Accused No. 2 instructed PW1 to tell her husband to come alone to a certain Sai Baba temple to meet a press reporter whom Accused No.2 personally knew in order to highlight Accused No. 1?s wrongdoings. In other words, Accused No.2 posed himself as a well-wisher of PW1 and the deceased.On 18.10.2001, PW1 as well as her husband went to the Sai Baba temple as instructed by Accused No. 2. Soon after, two Ambassador cars bearing Registration Nos. TN 09 T 3224 (M.O.1) and TN 22 5202 (M.O.2), and a Tata Sumo vehicle bearing Registration No. TN 09 Q 1310 (M.O.3) came and halted behind the car in which PW1 and her husband were sitting. Accused Nos. 3 and 4, armed with knives, got out of one of the cars and forced PW1 and her husband to board the car of the accused in which Accused No.5 was sitting, and took them to Chengalpattu. At about 8.30 p.m. on the same night, a Mercedes Benz bearing Registration No. TN 10 M 7755 (M.O.4) belonging to Accused No. 1 arrived with the parents of PW1 along with Accused No.1. Thereafter, PW2, the mother of PW1, informed PW1 that Accused No.1 was in the said Benz car, and wanted PW1 to leave her husband and meet Accused No.1 in the car. As PW1 resisted, Accused Nos. 3 and 4 forcibly took PW1 to the Benz car, and she was taken to Tiruchirappalli in the said car. 6. On 19.10.2001, PW1 was taken to PW9 by Accused Nos.5 and 8 at Parappadi village, to remove the alleged influence of witchcraft (black magic) which was allegedly the cause of her being in love with Santhakumar. From there, she was taken to Veppankulam village to seek the advise of an astrologer (PW8). At the said place, an employee of Accused No.1, Janarthanam came and informed PW1 that her husband had escaped the clutches of the henchmen of Accused No.1 and his whereabouts were unknown. Subsequently, after spending the night at Hotel Ariyas at Tirunelveli, PW1 and her family, along with Accused Nos. 1, 5, 6 and 8 returned to Chennai by train.After two days, Santhakumar spoke to PW1 over a phone call and stated that Accused No. 2 had told him about being given Rs. 5 lakhs by Accused No.1 to kill him, but Accused No. 2 had let him go unharmed out of sympathy, and had asked him to escape to Mumbai and contact him from there after fifteen days. However, Santhakumar returned to PW1 upon her request. Subsequently, on 21.10.2001, both of them approached Accused No.1 to seek his mercy, thus revealing that Santhakumar was still alive. Later on the same day, when Accused No.2 told Accused No.1 a false story about how he and the other accused had killed Santhakumar and destroyed the evidence, on Accused No.1?s cue, Santhakumar and PW1 entered the room, much to the shock of Accused No.2. Disgraced and feeling betrayed, Accused No.2 started assaulting Santhakumar, and was joined by Accused Nos. 3 and 4. On 24.10.2001, they took the couple to the office of the Deputy Commissioner of Police to withdraw the complaint relating to the incident of abduction which had been lodged earlier that month, and also made them sign a few blank papers. On the same day, Accused Nos. 5 and 6 took Santhakumar, PW1 and her family members in a Tata Sumo bearing Registration No. TN 10 M 7755 belonging to Accused No. 1, again to remove the influence of black magic on PW1, after which they reached Tirunelveli.On 26.10.2001, at about 6.30 a.m., Accused No. 5 came to the room in which PW1 and her family members were staying in Tirunelveli and informed them that Accused No.1 had instructed Santhakumar to be brought to him. Unwilling to send him alone, PW1 also went along with Santhakumar and Accused No.5. Accused No. 1 made PW1 and her husband get into his Tata Sumo (Registration No. TN 10 M 7755). This vehicle, being driven by Accused No. 9, with Accused Nos. 5 and 8, PW1 and Santhakumar seated within, was followed by another Tata Sumo (M.O.3). Upon reaching the Karai Illupu culvert, and upon a signal by Accused No. 5, the other vehicle stopped, and Accused Nos. 2 to 4 and 6 alighted therefrom. Accused No.1 got out and grabbed Santhakumar by the collar, dragging him out. He pushed Santhakumar down and handed him over to Accused Nos. 2 to 4 and 6 and ordered them to ?finish him off?. The Tata Sumo (M.O. 3) driven by Accused No. 7 took Santhakumar along with the said accused towards Dindigul. Accused No. 1 and the other accused took PW1 back, and later brought her and her family back to Chennai.While PW1 was staying at her mother?s house at Velachery, Accused Nos. 5, 8 and other henchmen of Accused No.1 kept a constant vigil over the movements of PW1 and her family. Thereafter, at the instance of Accused No.1, PW1 and her family members were taken to an astrologer by the name of Ravi (PW4), and later, she was made to undergo certain rituals, conducted by one Raghunatha Iyer, in the presence of the second wife of Accused No.1 at K.K. Nagar. Later, much to her shock, PW1 learnt that these rituals were traditionally conducted by the wife after the death of her husband. Therefore, upon growing gravely suspicious, she lodged the first information on 20.11.2001 stating that Accused No.1 and his henchmen had murdered her husband, and the same was registered as Crime No.1047 of 2001.The motive put forth by the prosecution for the commission of the offence is that Accused No.1 wanted to take PW1 as his third wife despite knowing that she was already married to the deceased Santhakumar. Accused No.1 made several failed attempts with the help of the other accused to sever the relationship between PW1 and her husband. Ultimately, Accused No.1 committed the offence in question in order to eliminate the deceased so as to be able to marry PW1 without any obstruction.In the meanwhile, i.e. on 31.10.2001, prior to the lodging of the FIR, one forester by name Raman and Forest Guard Murugusen (PW26 and 27 respectively) of the Kodaikanal Range discovered the dead body of a male near the Tiger -Chola forest area. On seeing the dead body, PW27 lodged the first information, Ext. P42, at Kodaikanal Police Station, which was registered as C.R. No. 559 of 2001, recording the finding of an unidentified body and its unnatural death. The post-mortem was conducted on 01.11.2001 by PW35 and thereafter, as the body remained unidentified, it was buried in the Hindu burial ground of the Kodaikanal Municipality by PW33, Anithalai, in the presence of PW32, Head Constable Sebastian. Meanwhile, the accused had surrendered and confessed to the commission of Santhakumar?s murder. Based on Accused No. 2?s confession that he and the other accused had killed the victim and thrown the dead body in the forest area of Tiger -Chola near a curve on the road, the investigation team proceeded to that place, and it was eventually determined that the dead body found by the forest officials was that of Santhakumar. The pre -burial photographs of the dead body clicked by the Kodaikanal Police (M.O. 11, 12, 13, 14) as well as the apparel found on the body of the deceased (M.O. 5, 6 and 8) were identified as Santhakumar?s by PW1 and her family, as well as by some of the accused. The dead body was exhumed by PW33 and two others, and was sent for a second post-mortem, which was conducted by PW38. During the course of investigation, the procedure of superimposition of the face of the deceased was done by PW34, Dr. Jayaprakash, after which the dead body was concluded to be that of Santhakumar. After exhumation, the body was also identified by PWs 1 and 2 through a scar mark still visible on thewere framed under various provisions of the Indian Penal Code (hereinafter referred to as ?the IPC?) including Sections 302, 364 and 201, and the trial was conducted.The Trial Court, upon evaluation of the material on record, convicted the accused appellants for the offences punishable under Sections 364, 304 Part I and 201 of the IPC. The accused appellants as well as the State appealed before the High Court, wherein the High Court while confirming the finding of guilt of the accused, modified the conviction for the offence punishable under Section 304 Part I to Section 302 of the IPC. The Trial Court as well as the High Court concluded that the evidence of the prosecution witnesses, particularly that of PWs 1 and 2, along with the other supporting evidence, was believable and trustworthy; the motive for commission of the offence had been proved; the last seen circumstance had been proved by the prosecution beyond reasonable doubt; and that the recovery of the dead body based on the statement of Daniel (Accused No.2) had also been proved. Both the Courts tested the evidence of PW1 on the touchstone of consistency with the tenor of the case. The Trial Court, which had the opportunity to observe the demeanor of PWs 1 and 2, held that the discrepancies and contradictions, if any, were minor in nature, and did not affect the credibility and consistency of the evidence of PWs 1 and 2.The Courts, relying on the evidence of the doctors PWs 35 and 38, who conducted the two post -mortem examinations, concluded that the death was homicidal in nature, as the cause of death was found to be asphyxia due to throttling.

Reasoning:
15. We do not find any force in the arguments of the learned Senior Advocate for the appellants that the incident of murder in the case in hand is merely a continuation of an earlier offence, i.e. Crime No. 1030 of 2001 relating to the abduction of PW1 and the deceased Santhakumar, which occurred onfactors such as proximity of time or place, unity of purpose and design and continuity of action, in respect of a series of acts, have to be considered in order to determine whether such acts form part of the same transaction or not (See State of A.P. v. Cheemalapati Ganeswara Rao, (1964) 3 SCR 297 ). A quick overview of the sequence of unfolding of the incident of murder in question and the prior incident of abduction would show that the above factors cannot be said to be satisfied in this case. Even when the two FIRs Ext. P1 and P3 are read together, it becomes clear that the first incident of abduction began and ended on 01.10.2001. The crime of abduction commenced when the victims (PW1 and the deceased) were forced into captivity on the said date, and was completed on the same day immediately after the victims were released. In respect of the said incident, the first information came to be lodged on 12.10.2001 by PW1. During the investigation of the said case, on 24.10.2001, the accused brought the deceased, PW1 and her family members to Tirunelveli. The present crime came to be committed on 26.10.2001, whereby PW1 and her husband, Santhakumar were taken away in a car, and on the direction of Accused No.1, Accused Nos. 2 to 4, 6 and 7 forcibly took away Santhakumar by separating him from his wife, committed his murder and threw away his body at the Tiger -Chola forest area within the jurisdiction of Kodaikanal Policethe time and place of occurrence of the two incidents are different. Even the number of accused involved in the incidents is different. No continuity of action can be gathered from the sequence of events either. It may be noted that the motive for commission of both the offences may be the same, inasmuch as they were committed to enable Accused No. 1 to marry PW1, but merely because of their common motive, the second offence cannot be said to be in continuation of the first incident, in light of there being distinct intentions behind the two offences. The first offence was committed with the intention to abduct the deceased and PW1, the purpose for which was merely to threaten and pressurize them. In contrast, the intention behind the second offence was to murder the deceased with a view to permanently get rid of him. Therefore, it is evident that unity of purpose and design between the two offences is also absent. Thus, it is amply clear that the incident of murder is entirely separate and distinct from the earlier incident of abduction.Undisputedly, the first information pertaining to the incident of abduction, after passing through various stages and various police officers, ultimately came to be registered as an FIR on 09.11.2001 in the jurisdictional Police Station. Nevertheless, the fact remains that the offence of abduction was completed on 01.10.2001 itself and the first information came to be lodged on 12.10.2001.There cannot be any dispute that a second FIR in respect of an offence or different offences committed in the course of the same transaction is not only impermissible but also violates Article 21 of the Constitution.However, the aforementioned principles of law may not be applicable to the facts of the incident on hand, as the crimes underlying the two FIRs are distinct and different. The offence punishable under Section 302, in the present case, was committed during the course of investigation of the case in the first FIR, i.e. relating to the crime of abduction. We are of the considered opinion that the allegations and offences under this present FIR relating to the murder of the deceased are substantially distinct from the information lodged in Crime No. 1030 of 2001 relating to abduction. We are unable to accept the argument of Shri Sushil Kumar that at the most, further investigation could have been made by the police in the earlier crime registered relating to abduction since the murder has allegedly taken place during the subsistence of investigation of the crime of abduction. As mentioned supra, the facts and circumstances of the matter clearly indicate that the offence of abduction committed by the appellants and the offence of murder were two different and distinct offences, and therefore, there is no question of further investigation to be made in the crime of abduction by the investigating agency relating to the offence of murder which was committed during the subsistence of the investigation relating to abduction. Further investigation, as envisaged under Sub -section 8 of Section 173 of the Cr.P.C, connotes investigation of the case in continuation of an earlier investigation with respect to which the chargesheet has already been filed. In case a fresh offence is committed during the course of the earlier investigation, which is distinct from the offence being investigated, such fresh offence cannot be investigated as part of the pending case, and should instead be investigated afresh. It is pertinent to note that the facts on hand are similar to the facts in the case of Awadesh Kumar Jha v. State of Bihar, (2016) 3 SCC 8 , wherein this Court held that the case arising out of a second FIR, if relating to a separate transaction, cannot be investigated along with a previous FIR under the clause ‘further investigation? as contemplated under Sub-section 8 to Section 173 of thelight of the aforementioned settled legal proposition, we have no hesitation in holding that the separate first information lodged in this case is just, legal and proper.Furthermore, it is no doubt true that the first information relating to the crime of abduction dated 12.10.2001 was marked in the case on hand relating to murder. However, we cannot accept the contention that the same has been used as a substantive piece of evidence in this matter. This is because the said document was practically used only as supportive material to show the motive for the accused to commit the crime.Coming to the merits of the matter, it is pertinent to note that the prosecution mainly relied upon three circumstances to prove the guilt of the accused, i.e. motive, the last seen circumstance and the recovery of the dead body at the instance of the accused. An additional link in the chain of circumstances is the non -explanation by the accused about the last seen circumstance in their statement recorded under Section 313 of the Cr.P.C. Clearly, there is no direct evidence in this matter and the whole case rests on circumstantialwe undertake a consideration of the evidence supporting such circumstances, we would like to note that the law relating to circumstantial evidence is well settled. The Judge while deciding matters resting on circumstantial evidence should always tread cautiously so as to not allow conjectures or suspicion, however strong, to take the place of proof. If the alleged circumstances are conclusively proved before the Court by leading cogent and reliable evidence, the Court need not look any further before affirming the guilt of the accused. Moreover, human agency may be faulty in expressing the picturisation of the actual incident, but circumstances cannot fail or be ignored. As aptly put in this oft - quoted phrase: ?Men may lie, but circumstances domentioned supra, the circumstances relied upon by the prosecution should be of a conclusive nature and they should be such as to exclude every other hypothesis except the one to be proved by the prosecution regarding the guilt of the accused. There must be a chain of evidence proving the circumstances so complete so as to not leave any reasonable ground for a conclusion of innocence of the accused.In order to satisfy our conscience, we have independently considered the evidence on record in its entirety in view of the aforementioned principles. However, as we do not wish to burden this judgment by reiterating the depositions of all the witnesses on record in detail, we deem it fit to discuss only the important aspects highlighted by some of the prosecution witnesses in theiris evident from the above discussion that the evidence of PWs 1 and 2 with regard to the motive for commission of the offence, the last seen circumstance and recovery as well as the identification of the dead body is consistent with the case of the prosecution. We do not find any artificiality in their evidence. On the other hand, their evidence remains natural, consistent, cogent and probable, and thus we do not find any reason to disagree with the findings arrived at in that regard by the Trial Court as well as by the Highcannot be any dispute that a confession made by the accused in police custody is an inadmissible confession. The confession herein cannot even be called an extra -judicial confession because of the presence of the police. Be that as it may, if a confession is made by the accused before the police and a portion of the confession leads to the recovery of any incriminating material, such portion alone is admissible under Section 27 of the Indian Evidence Act. Since only such portion of the confession relating to the recovery of certain material objects was admitted in evidence and relied upon, such reliance was in accordance withcannot lose sight of the fact that DNA evidence is also in the nature of opinion evidence as envisaged in Section 45 of the Indian Evidence Act. Undoubtedly, an expert giving evidence before the Court plays a crucial role, especially since the entire purpose and object of opinion evidence is to aid the Court in forming its opinion on questions concerning foreign law, science, art, etc., on which the Court might not have the technical expertise to form an opinion on its own. In criminal cases, such questions may pertain to aspects such as ballistics, fingerprint matching, handwriting comparison, and even DNA testing or superimposition techniques, as seen in the instantit is the duty of an expert witness to assist the Court effectively by furnishing it with the relevant report based on his expertise along with his reasons, so that the Court may form its independent judgment by assessing such materials and reasons furnished by the expert for coming to an appropriate conclusion. Be that as it may, it cannot be forgotten that opinion evidence is advisory in nature, and the Court is not bound by the evidence of the experts.Like all other opinion evidence, the probative value accorded to DNA evidence also varies from case to case, depending on facts and circumstances and the weight accorded to other evidence on record, whether contrary or corroborative. This is all the more important to remember, given that even though the accuracy of DNA evidence may be increasing with the advancement of science and technology with every passing day, thereby making it more and more reliable, we have not yet reached a juncture where it may be said to be infallible. Thus, it cannot be said that the absence of DNA evidence would lead to an adverse inference against a party, especially in the presence of other cogent and reliable evidence on record in favour of such party.This leads us to the question of the propriety of relying upon the superimposition test conducted in the instant case for identifying the deceased. As noted supra, the learned counsel for the appellants has argued that evidence pertaining to the use of the superimposition technique is not a tangible piece of evidence. We find ourselves unable to agree with this view. There cannot be any dispute that evidence on superimposition is also based on experts? opinion. We would like to note that the use of the superimposition technique in Indian investigations for identification purposes is not a new phenomenon. Notably, it has been employed in the investigations pertaining to the Nithari murders, the Russian murder incident in Goa in 2008, and even before that in the Morni Hill murder case and the Paharganj bomb blast case as far back as in 1996, and the Udhampur murder case in 2005 (See Modi, A Textbook of Medical Jurisprudence and Toxicology, 26 th edn., 2018, pp. 267-271). This Court itself has placed reliance on identification of the deceased through superimposition on several occasions (see Shankar & Ors. v. State of Tamil Nadu, (1994) 4 SCC 478 ; Swamy Shraddananda v. State of Karnataka, (2007) 12 SCC 288 ; Inspector of Police, Tamil Nadu v. John David, (2011) 5 SCC 509 ; Mahesh Dhanaji Shinde v. State of Maharashtra, (2014) 4 SCC 292 ), clearly indicating that it is an acceptable piece of opinion evidence.It is relevant to note that all of the decisions of this Court cited in the above paragraph were based on circumstantial evidence, involving aspects such as the last seen circumstance, motive, recovery of personal belongings of the deceased, and so on, and therefore in none of the cases was the superimposition technique the sole incriminating factor relied upon to reach a conclusion of guilt of the accused. Indeed, in Mahesh Dhanaji Shinde (supra), the Court also had the advantage of referring to a DNA test, and in John David (supra), of referring to a DNA test as well as dental examination of the deceased, to determine the identity of the victim. This is in line with the settled practice of the Courts, which generally do not rely upon opinion evidence as the sole incriminating circumstance, given its fallibility. This is particularly true for the superimposition technique, which cannot be regarded as infallible.In view of the above discussion, we hold that the High Court was justified in observing that a superimposition test cannot be taken as a conclusive one for the identification of a dead body, because by itself it may not conclusively establish identification. However, the High Court rightly accepted the expert testimony on this aspect since in the instant case, the superimposition test was merely one piece of evidence relied upon by the prosecution to corroborate the evidence of PWs 1 and 2 in order to strengthen its case.Moreover, it is evident from the testimony of PW34, Dr. Jayaprakash, who conducted the superimposition test, that the test was conducted by using three different methods, i.e. video superimposition, visual observation, and dental trait superimposition, and in spite of challenges to the reliability of such evidence, the Courts, after carefully assessing the methodology adopted, accepted the finding reached by PW34 regarding the identification of the body, and we see no error in such conclusion reached by the Courts.Therefore, we are of the opinion that the scientific evidence of PW34 was rightly believed by the Trial Court as well as by the High Court, and strengthens the evidence of PWs 1 and 2 regarding the identification of the body. Though a DNA test would have helped the Courts immensely in determining the reliability of the identification of the body of the deceased, in the presence of other reliable evidence on record in favour of the prosecution version on this aspect, we reject the contention that the non -conducting of a DNA test and the reliance on evidence regarding identification through superimposition is improper. This is all the more true since no material is forthcoming to the effect that the parents of the deceased were alive during the relevant period, so as to conduct comparative DNA tests.It is noteworthy to emphasise that based on the confession of Accused No.6, recoveries of a wallet containing a photograph of PW1, gold chain etc. were effected from his house, which, as mentioned supra, also stand positively identified by PW1 and her family as belonging to the deceased.40. From the evidence of the witnesses discussed supra, it is amply clear that the dead body recovered from Tiger -Chola was identified by PW1 and her family members as Santhakumar?s, and the same body was exhumed from the burial grounds. It is evident from the depositions that the recovery of the dead body was made from the Tiger-Chola forest area, which is the same place to which Accused No. 2 led the investigation team based on his confession about disposal of the dead body. It is relevant to note at this juncture that merely because the actual recovery of the body happened before the accused lead the police to the scene, it does not, in the facts and circumstances of this case, negate the validity of the recovery based on a confession, in terms of Section 27 of the Evidenceour considered view, the recovery of the body of the deceased at the instance of Accused No. 2 and the identification of the body as that of Santhakumar by PW1, her family as well as by the accused, on the basis of photographs, the clothes and belongings of the deceased, and his scar, stand proved beyond all reasonable doubt.As mentioned supra, the evidence of PWs 1 and 2 proves the circumstance relating to the last seen evidence beyond reasonable doubt, apart from other circumstances. Both of them in their evidence (especially PW1), as mentioned supra, have consistently and cogently deposed that the deceased was last seen along with the accused, who took the deceased away upon the orders of Accused No. 1. No explanation, much less any plausible explanation has come from the accused in their statements under Section 313 of the Cr.P.C rebutting the strong evidence against them. Though the burden had shifted onto the accused to explain the said circumstance as to when they left the company of the deceased, no explanation was adduced in that regard by the accused herein. Hence, an adverse inference has to be drawn against the accused. It may be noted that such non -explanation by the accused provides an additional link in the chain ofalthough it was argued by Shri Sushil Kumar that the evidence relating to the last seen circumstance as deposed by PW1 was not put to the accused while recording their statement under Section 313, such an argument cannot be accepted, since Question No. 22 and Question No. 30 specifically relate to the evidence of the last seen circumstance, and were put to Accused No.1. Same is the case with the other appellants. A perusal of the statements of the accused recorded under Section 313 also reveals that the relevant questions pertaining to taking Santhakumar along with PW1 in the car on 26.10.2001, detection of the decomposed dead body and the post-mortem thereof were all put to the accused so as to fully enable them to explain all the incriminating circumstances appearing against them in the evidence adduced by the prosecution. It is needless to observe that it has been established through a catena of judgments of this Court that the doctrine of last seen, if proved, shifts the burden of proof onto the accused, placing on him the onus to explain how the incident occurred and what happened to the victim who was last seen with him. Failure on part of the accused to furnish any explanation in this regard, as in the case in hand, or furnishing false explanation would give rise to a strong presumption against him, and in favour of his guilt, and would provide an additional link in the chain of circumstances.It is also relevant to note that the bill book and cash book of a petrol pump at Palani (Ext. P32), where the Tata Sumo bearing Registration No. TN 09 Q 1310 (M.O.3) was refuelled, were also seized. This is very crucial evidence to show that the Tata Sumo in which the accused were travelling along with the deceased had in fact gone towards Kodaikanal, as is evident from the fact that fuel was filled from a petrol pump enroute to Kodaikanal at Palani on the relevant date.In our considered opinion, the overwhelming, consistent, cogent and reliable testimonies of PWs 1 and 2, along with the aforementioned corroborative evidence, conclusively prove the prosecution case. We reiterate that PWs 1 and 2 were steadfast in their testimony about the motive, the last seen circumstance, recovery of the dead body based on the confession of Accused No.2, and about the identification of the dead body. We do not find any embellishment or exaggeration in the evidence of these witnesses. Moreover, the evidence of the other prosecution witnesses (especially PWs 7, 26, 27, 29, 32 and 33) is homogeneous, consistent and reliable, and corroborates the testimony of PWs 1 and 2, which leads us to conclude that the chain of circumstances is complete and points solely at the guilt of the accused. In our considered opinion, the prosecution has proved the complicity of all the appellants in murdering Santhakumar by strangulating him and thereafter throwing the dead body at Tiger -Chola. It is worth recalling that while it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that such proof should be perfect, and someone who is guilty cannot get away with impunity only because the truth may develop some infirmity when projected through human processes. The traditional dogmatic hypertechnical approach has to be replaced by a rational, realistic and genuine approach for administering justice in a criminal trial. Justice cannot be made sterile by exaggerated adherence to the rule of proof, inasmuch as the benefit of doubt must always be reasonable and not fanciful.