Paramsivam & Ors vs State Tr.Insp.Of Police

This appeal is directed against judgment dated 27th April, 2009, passed by the High Court of Judicature at Madras in Criminal Appeal No.441 of 2007. By the impugned judgment appeal preferred by the appellants- accused nos.1 to 3 has been dismissed and conviction of accused nos.1 to 3 u/s 364 IPC and accused no.1 u/s 302 IPC and accused nos.2 and 3 u/s 302 r/w 34 IPC and the sentence of life imprisonment and fine imposed upon them have been confirmed.

2. The case of the prosecution in a nutshell is as follows:

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.

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.

9. The case of the prosecution is that deceased was last seen alive in the company of the accused. Evidence of PWs.1 and 2 that accused nos.2 and 3 had taken the deceased from his house in Chikkalampalayam. Evidence of PW9-Doraisamy is that he saw the deceased along with accused no.1- Paramasivam in Maruthi Omni Van Registration No. TN-23 E 5951 (MO1) near Kinathukadavu Checkpost. PW5-Balan stated that the deceased had left with accused no.1 from the quarry in Ealoorkarar thottam. About four days from the date of occurrence, accused nos. 2 and 3 went to the house of the deceased asking for size of the stones. When being asked about them, accused no.2 disclosed his name as Selvaraj. As they appear to be strangers and as it was very late in the evening, deceased asked them to come on some other day. After four days thereafter accused nos.2 and 3 went to the house of the deceased and asked him to come along with them for seeing the stones. Inspite of disinclination of deceased, accused nos. 2 and 3 insisted the deceased to come along with them stating that their owner has come and therefore, stones are to be seen. As it was late in the evening, deceased asked his wife for torch and PW2-Kala gave him torch (MO6) and deceased went along with accused nos.2 and 3.

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.

23. We have noticed the confessional statement of the appellants, on the basis of which the discovery of material evidence took place.

………………………………………………J. (SUDHANSU JYOTI MUKHOPADHAYA) ………………………………………………J. (DIPAK MISRA) NEW DELHI, JULY 01, 2014 ITEM NO.1C COURT NO.6 SECTION IIA (For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 593/2010 PARAMSIVAM & ORS. Appellant(s) VERSUS STATE TR.INSP.OF POLICE Respondent(s) Date : 01/07/2014 This appeal was called on for pronouncement of Judgment today.

Hon'ble Mr. Justice Sudhansu Jyoti Mukhopadhaya pronounced the reportable judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice Dipak Misra.

The appeal is allowed in terms of the signed reportable judgment.