Case: Paramsivam  Vs. State Tr.Insp.Of Police

2. The case of the prosecution in a nutshell is as follows:Deceased Mani alias Parai Mani took lease of the land in S.F. No. 427/1 of Vadapudur village belonging to PW3-Krishnasamy and PW6-Ramasamy. Accused No.6-Nagarathinam was the neighbouring land owner. Since Accused No.1- Paramasivam and Accused No.6-Nagarathinam threatened the deceased not to break the stone, deceased Mani alias Parai Mani filed suit in O.S. No. 5/2004 before DMC, Pollachi for Permanent Injunction restraining Accused no.6 and PWs.3 and 6 from interfering with quarrying. There was animosity between the deceased and the family of Accused no.6-Nagarathinam.About 10 days prior to the date of occurrence, Accused no.1-Paramasivam, Accused no.6-Nagarathinam and Accused no.7-Revathi threatened the deceased.About 4 days prior to the date of occurrence, Accused no.2-Selvaraj alias Selvan and another person approached the deceased for purchase of stone and since it was late hours, deceased refused to accompany them and asked them to come on some other day.Again Accused no.2 and another person approached the deceased on 18.1.2004 and asked for stones and deceased accompanied the accused to the quarry.PW1-Kannaiyan and PW2-Kala witnessed that deceased went along with Accused no.2-Selvaraj alias Selvan and Accused no.3-Nirmal. On the said date i.e.18.1.2004, PW8-Sivakumar and PW9-Doraisamy who were returning from the Petrol Pump, saw white colour Maruthi Van bearing registration No. TN-23 E 5951 (MO1) was parked on the road side. PW9 saw the deceased and Accused no.1 were sitting inside the Maruthi Van.Next day on 19.1.2004, PW23-Pugazhenthi (Railway Key Man), Thirupur saw the dead body on the railway track and informed PW20-Ramachandran (Station Master) who in turn informed the Out-post Police Station, Thirupur. PW24- Sankaralingam (Head Constable) received the report and registered the case for suspicious death in Cr. No. 12/2004 u/s 174 Cr.P.C. PW24-Head Constable went to the scene of occurrence and found the dead body of a male on the railway track, prepared Observation Mahazar (Ex.P15) and Rough Plan (Ex.P16). PW24 also held Inquest on the body of the deceased (Ex.P18) and sent the dead body for autopsy to Government Hospital, Thirupur. On his request PW27-Nizar Ahemad had taken photographs (MO18 series) of the body lying on the railway track.PW33-Dr.Parimala Devi conducted autopsy over the dead body and noted the injuries, Dr. Devi opined that death was due to multiple injuries on the neck and head injuries about 70 to 80 hours prior to autopsy. Since there was no clue about the identity of the dead body, body was buried at Chellandiamman grave yard Tirupur by PW24-Head Constable with the aid of PW22-Murugasamy (Grave yard watch man).Since, deceased not returned home, PWs.1 and 2 searched for him and on 20.1.2004 PW1 lodged written complaint [Ext.P1]. On the basis of written complaint, PW39-Rajendran (Inspector of Police) registered the case in Cr. No. 27/2004 u/s 363 IPC. PW39 went to the scene of occurrence and prepared Observation Mahazar and Rough Plan. He also enquired PWs.1 to 6 and 15 and recorded their statements.PW41-Shahul Ahmeed (Inspector of Police) took charge of the case on 26.1.2004 and made further investigation. On 28.1.2004 at about 1.45 P.M., PW41 arrested accused no.2-Selvaraj near Vanjipalayam railway gate. On being interrogated, accused no.2 voluntarily gave a confession statement which led to the recovery of Ropes (MO10 series), Banian (MO11), Bag (MO12), Diary (MO2) and Money purse containing the photo of the deceased (MO3) Seizure Mahazar (Ext.P5) was prepared. Thereafter, along with accused no.2, PW41 went to the scene of occurrence i.e. railway track and prepared Observation Mahazar (Ext.P34) and Rough Plan (Ext.P35).PW41 on the same day i.e. 28.1.2004 at 6.15 P.M. arrested accused no.5-Gudalingam alias Lingasamy and recorded his confession statement which led to recovery of MO1-Maruthi omni van under Ex.P37-Seizure Mahazar. On the same day, at about 8.50 P.M., PW41 arrested accused no.1-Paramasivam and recorded his confession statement which led to recovery of Lungi (MO4), Shirt (MO5) and Voters ID Card (MO9) of deceased under Seizure Mahazar (Ext.P39). Thereafter, PW41 went to Thirupur Out-post Police Station and enquired PW24-Head Constable and received copy of FIR in Cr. No. 12/2004. Thereafter, PW41-Investigating Officer altered the FIR in Criminal No. 27/2004 from Section 363 IPC to Sections 120-B, 364 and 302 IPC.On 17.2.2004, PW41 sent requisition for exhumation of dead body of the deceased which was exhumed in the presence of PW31-Tahsildar, PW21-R.I. and other witnesses. PW41 seized Waist Cord with Silver Amulet under Seizure Mahazar (Ext.P12). Observation Mahazar (Ext.P13) was prepared by PW-41 in respect of the place where body was buried. Rough Plan (Ext.P44) was also prepared. Blood samples of the dead body was taken. Blood samples of PW14 (Manickammal) and PW15 (Subramani) -mother and brother of the deceased were taken and forwarded for DNA examination. PW40-Vanaja (Asst. Chemical Examiner and Asst. Director) conducted DNA examination and opined that "the bone pieces etc. described belong to a human male individual". He further opined that "the person Mani alias Parai Mani to whom the bone pieces etc. belong is the biological offspring of Ms.A.Manickammal."-PW14.Accused no.3-Nirmal and Accused no.4-Sureshkumar alias Suresh alias Pambatti surrendered before Judicial Magistrate, Pollachi on 05.2.2004. PW41 was permitted to take them to police custody. Confession statement recorded from accused no.3 led to recovery of Torch (MO6), Battery (MO17 series), Knife (MO16), Hundred rupee Note [MO13], Bag (MO15) under Seizure Mahazar (Ext.P7). Confession statement recorded from accused no.4 led to recovery of Watch (MO8), Fifty rupee Note (MO14), Plastic bag (MO19) under Seizure Mahazar (Ext.P9).PW38-Judicial Magistrate No. II, Pollachi conducted Test Identification Parade in respect of Accused nos.2 and 3 on 13.2.2004. PWs.1, 2 and 5 participated in the Test Identification Parade and identified the accused. On receipt of chemical analysis report and DNA report and after completion of due investigation, PW41 filed final report u/s 147, 148, 120-B, 364 and 302 IPC.3. To substantiate the charges against the accused, prosecution examined 42 witnesses and brought on record Exts.P1 to P44 and Mos.1 to 18. Accused were questioned u/s 313 Crl.P.C. Accused denied all the charges and pleaded not guilty and stated that a false case is foisted against them.4. Upon consideration of oral and documentary evidence, the Sessions Court held that the prosecution has adduced cogent and convincing evidence establishing that due to previous enmity in respect of quarrying, accused nos.1 to 3 abducted the deceased and committed murder of the deceased. The Sessions Court also held that accused nos.1 to 3 were identified in the Test Identification Parade and incriminating material objects recovered from them would substantiate the charges. With regard to accused nos.4 to 7 the Sessions Court held that the prosecution failed to establish the guilt against them and acquitted them.

Reasoning: Evidence of PWs.3 and 6 also strengthens prosecution version about the grant of lease.8. Filing of suit on 02.1.2004 about two weeks prior to the occurrence heightens the probability of prosecution case. In cases of circumstantial evidence proof of motive is material consideration and a strongThe evidence of PWs.1 and 2 is cogent and consistent which clearly brings home the circumstance that deceased went along with accused nos. 2 and 3. In the Test Identification Parade conducted by PW38-Judicial Magistrate, PWs.1 and 2 have also identified accused nos. 2 and 3 which would strengthen the stand of thefrom the evidence Ext.P1- complaint we find that PW1 has clearly stated that two persons had come to their house and took the deceased in Maruthi Omni Van. In Ext.P1-Complaint, though PW1 had expressed suspicion about accused nos. 1, 6 and 7, PW1 has clearly expressed his doubts that accused nos. 1, 6 and 7 might have engaged men for abducting the deceased. Such doubts expressed in Ext.P1-Complaint is sufficient incriminating circumstance against the accused nos. 2 and 3. Credibility of PWs.1 and 2 cannot be doubted on the ground of non-mention of name of accused no.2 in Ext.P1-Complaint. The evidence of PW9 also established that the deceased was last seen alive with accused no.1-Paramasivam in Maruthi Omni Van (TN-23 E 5951) near Kinathukadavu Checkpost. In his evidence, PW9 has stated that after taking petrol for TVS-50 in a Petrol Pump near the Checkpost while he was proceeding along with PW8-Sivakumar, he saw the deceased along with accused no.1-Paramasivam in Maruthi Omni Van (MO1) and saw the others inside the Van. Since, deceased and accused no.1-Paramasivam were in inimical terms, PW9 wondered as to why accused no.1 and deceased are seen together and he asked PW8-Sivakumar about the same. Though, PW8-Sivakumar turned hostile, evidence of PW9 is trustworthy and we do not find any reason to take a different view.12. Another circumstances relied upon by the prosecution is evidence of PW15-Subramani (brother of the deceased) that accused no. 1 and another person came to the quarry to see stones. When they were crushing the stones, deceased went with them to see the stones. No doubt evidence of PW15 as to how deceased went with the accused might appear to be slightly different but due to variation of time narrating the events cannot be said in manner the PW15 narrated his statement. We are of the view that evidence of PW15 does not make any dent upon the consistent version of PWs.1 and 2 and the case of prosecution.When deceased is shown to be abducted, it is for the abductors to explain how they dealt with the abducted victim. In the absence of explanation, Court is to draw inference that abductors are theFrom the evidence on record, we find that the Prosecution was successful in bringing on record the circumstantial evidences i.e. existence of motive; the circumstances in which the deceased was last seen alive in the company of appellants-accused nos.1 to 3; death was homicidal and body was found on the railway track mutilated; the body of the deceased was identified through DNA test; on arrest of accused incriminating articles were recovered.In the present case, the prosecution brought on record the evidences that accused no.1 to 3 had abducted the deceased. Therefore, it is accused nos.1 to 3 alone knew what happened to him as the deceased was found murdered within a short time after abduction. The accused nos.1 to 3 have failed to give any explanation and the Court rightly draw presumption that the accused have murdered the deceased Mani alias Parai Mani.19. The prosecution relied upon the statement of accused persons leading to discovery of facts as envisaged u/s 27 of Indian Evidence Act. Accused Nos. 1, 2 and 5 were arrested on 28.1.2004 at different times. Confession statement of accused no.1 led to recovery of Voter ID Card of Mani (MO9) and other articles i.e. MOs.4 and 5. Confession statement recorded from accused no.2-Selvaraj alias Selvan] led to recovery of Pocket Diary (MO2), Money purse (MO3) with photo of deceased and other articles-MOs.10 to 12. Confession statement of accused no.5 Driver Lingasamy led to seizure of Taxi MO1-Maruthi Omni Van (TN-23 E 5951). Accused no.3-Nirmal and accused no.4-Sureshkumar alias Suresh alias Pambatti were surrendered before the Court and on application, PW41-Investigating Officer took them for police custody. Confession statement recorded from accused no.3 led to recovery of Torch light(MO6) which was handed over to the deceased by PW2 at the time when he left the house. PW2 also identified MO6 as the torch light handed over by her at the time when the deceased left the house. Recovery of various articles of the deceased from accused nos.1 to 3 is a strong incriminating circumstance connecting the appellants with the crime.This Court in State of Himachal Pradesh v. Jeet Singh, (1999) 4 SCC 370 opined that when an object is discovered from an isolated place pointed out by the accused, the same would be admissible in evidence.