Chidambara Krishnan alias Duraiappa alias Durai and Maharajan vs The State

S. Palanivelu, J.—These criminal appeals have been preferred under Sections 374 and 374(2) Cr.P.C. against the judgment dated

27.09.2006 made in S.C. No. 40 of 2004 by the Additional District & Sessions Judge, Fast Track Court No. II, Tirunelveli.

The trial Court found accused Nos. 1, 2 and 3 guilty u/s 302 I.P.C. and sentenced them each to undergo imprisonment for life and also to pay a

fine of Rs. 10,000/- each, in default to undergo rigorous imprisonment for three years each and they have also been found guilty u/s 392 read with

397 (2 counts) and sentenced them to undergo rigorous imprisonment for seven years each and also to pay a fine of Rs. 2000/- each, in default to

undergo rigorous imprisonment for two years. All the said sentences have been directed to run concurrently. Since, the fourth accused was found

guilty u/s 411 I.P.C., he has been sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 3000/- in default to

undergo rigorous imprisonment for two years.

Aggrieved against the Judgment of conviction passed by the trial Court the first and third accused have preferred separate appeals before this

Court.

Succinctly portrayed the prosecution case is as follows: The accused are residents of Ariyanayakipuram in Tirunelveli District. P.Ws.1 and 2

belong to Virudhunagar, who used to come to Tirunelveli on every Thursday to collect money from their customers, who were having transactions

with them. The accused 1 to 5 came Tirunelveli Town and entertained an intention to rob money from P.Ws.1 and 2 and in that course, if

necessary they might also be eliminated.

On 14.08.2003 at about 11.55 P.M., P.Ws.1 and 2 and the deceased Murugarajan boarded the bus by name Ganapathi Transport, bearing

registration No. TN-72, H-9941 in Tirunelveli Town Puttarathi Amman Kovil stop and the bus was proceeding to the new bus stand in Tirunelveli.

On 15.08.2003 at about 00.10 hours, while the bus was proceeding on the south of Speaker Chellapandianar statue along bye pass road and

stopped in B.S.N.L. Office stop, the fourth accused holding aruvual in his hand, threatened P.W.1 and snatched a rexin bag containing Rs.

1,40,000/- from him. The first and the fourth accused then assaulted the deceased Murugarajan and asked the bag he kept. The first accused

threatened the driver of the bus by showing aruval to stop the bus. The first and fourth accused had an intention to do away with Murugarajan and

remove him off the bag containing money. The first and third accused pulled Murugarajan from the bus. But he did not part with the bag, however

the second and fourth accused cut him on his back with aruval indiscriminately, relieved him off the bag and fled away from the scene of crime.

P.W.1 removed Murugarajan to Tirunelveli Medical College Hospital at about 00.30 hours, where he was pronounced dead by the doctor. P.W.1

laid complaint Ex.P1 with Palayamkottai Police Station.

P.W.30, the Inspector of Police received V.H.F. message about the death of Murugarajan, while he was engaged in patrolling at 01.00 A.M.

and came down to the Police Station. In the Police Station, he received complaint from P.W.1 and lodged F.I.R., Ex.P33 by registering a case in

Crime No. 2133 of 2003 under Sections 392 read with 307 and 302 I.P.C. He sent the First Information Report to the Court and copies to the

concerned officials through P.W.25, the Head Constable.

The Inspector of Police P.W.30, proceeded to the scene of crime at 02.45 A.M. on 15.08.2003 prepared Ex.P34, Observation Mahazar and

drew rough site plan, Ex.P35 in the presence of P.Ws.5 and 6 and another mahazer with reference to the inner view of the bus Ex.P37. He also

recovered chappal under cover of mahazar Ex.P38. He came to Tirunelveli Medical College Hospital and held inquest over the dead body of

Murugarajan, in the presence of panchayadars and prepared inquest report, Ex.P39. He recorded the statements of the witnesses.

The doctor, P.W.27, attached to Tirunelveli Medical College Hospital conducted postmortem over the dead body of the deceased

Murugarajan and issued Ex.P27, Post Mortem Certificate with an opinion that the deceased would appear to have died of shock and hemorrhage

due to multiple heavy cut injuries about 12 hours prior to postmortem examination. He found as many as 13 cut and stab injuries on the dead

body, which are as follows:

1) Cut injury right cheek 8 x 1.5 cm x bone deep, extending from the right side of nose to the right cheek above the moustache line;

2) Heavy cut injury top of right shoulder 14x5cmxbone deep. On further dissection this would has cut the right collar bone and right side ribs 1 and

2 in their outer aspects;

3) Five cut injuries on the upper part of right side of back, 4 over the right shoulder blade and one below the shoulder blade. a)4x1x2 cm; b)

7.5x3cmx3cm; c)10x4cmx4cm. On further dissection it has entered the right pleural cavity and entered the back of right lower lobe of lung causing

2x1x1 injury. d)5x2.5cmx2cm; e)11x4cmx4cm;

4) Cut injury top of right arm, 3x1x1 cm;

5) Cut injury right forearm 13x4cmxbone deep. The underlying muscles, vessels and radius bone found cut;

6) cut injury on the back of right hand 12x4cmxbone deep. The underlying muscles vessels, base of thumb, index and middle finger found cut with

corresponding cut injuries on the phalanges of these fingers;

7) Cut injury left forearm near the wrist 6x3cmxbone deep. Underlying muscles, vessels and radius bone found cut at side.

8) Cut injury aspect of left wrist 4x2x1 cm; transverse cut injury back of left hand 10x4 cm x bone deep. Underlying muscles vessels, tendons and

metacarpal bones found cut;

9) Cut injury outer aspect of left arm in its upper part 14X3cmx3.5 cm;

10) Vertical cut injury 4x3x2 cm upper part of right side of chest; 4 cm below the right collar bone (tailing 2 cm towards the collar bone);

11) Transverse linear abrasion left shoulder blade 5x1 cm;

12) Stab injury mid back on the right side 2x1x1 cm, upper end sharp, lower end blunt;

13) Transverse cut injury back of scalp on the right side 4x1cmxbone deep.

On 17.08.2003, acting on a tip-off, P.W.30, the Inspector of Police went to Palayamkottai market area and arrested the first and second

accused in the presence of P.Ws.21 and 23, the Revenue Inspector and the Village Administrative Officer respectively. Both of them voluntarily

gave confession statements separately, which were recorded in the presence of the said witnesses. Ex.P12 is the admissible portion of the

confession statement given by the first accused and Ex.P13 is the admissible portion available in the confession statement recorded from the

second accused. The first accused produced a gold ring with the inscription of letters A.M., which was seized under cover of mahazar Ex.P14.

Both the accused took P.W.30 and the witnesses to Tirunelveli Nainarkulam market and identified the third and fourth accused. They were

arrested by the Investigating Officer, who also recorded confession statements given by them on their own accord. Ex.P15 is the admissible

portion in the confession statement of the third accused, by means of which he produced pant, shirt and cash of Rs. 40,000/-, which were seized

under cover of mahazar Ex.P18. Ex.P16 is the admissible portion of the confession statement of the fourth accused. All the accused identified the

fifth accused in Ariyanayakipuram and he was also arrested by P.W.30 and his confession statement was also recorded. Ex.P17 is the admissible

portion, under which he produced M.O.1, brown colour bag and cash Rs. 40,000/-, which was inside the said bag marked as M.O.13 series and

also a receipt book M.O.3 with name ""P.K.T. Kanagavel & Co"". They were seized under cover of mahazar Ex.P23.

The second accused took the police and the witnesses to his house and produced M.Os.24 and 25 his pant and shirt, M.O.4, a sword with a

cover of 51 cms and also cash Rs. 40,000/- marked as M.O.24 series, which were recovered under cover of mahazar Ex.P19. The first accused

from his house produced M.Os.27 and 28, his pant and shirt, M.O.14, the prescription slip, a block colour rexin bag M.O.2, cash of Rs. 50849/-,

M.O.29 series, lion address notebook M.O.9 and Kozhival aruval M.O.6, which were recovered under the mahazar Ex.P6.

The fourth accused had taken the Investigating Officer and the witnesses to his house and produced M.Os.11 and 13, his T-shirt and pant, a

kozhival aruval with a length of 44 1/2 c.m., M.O.7 and a cash of Rs. 40,000/- M.O.31 series, which were seized by mahazar Ex.P21 under

attestation of the witnesses. The first accused also produced M.O.12, a copper rod, which was seized under Attakshi Ex.P22. The accused were

sent for judicial custody.

The Investigating Officer examined all the concerned witnesses and recorded their statements including the doctors. He gave requisition

Ex.P40 to send the case properties for chemical analysis. Ex.P42 is the Chemistry Division Report and Ex.P43 is the Biology Division Report. He

also examined P.W.4, the conductor of the bus and seized the invoice of the bus trip sheet, which was marked as M.O.32. After the autopsy was

conducted, the clothes on the dead body M.Os.33 and 34 were entrusted to the I.O., which were obtained by him under Form No. 95.

P.W.28, the Finger Print Expert lifted seven finger prints from the bus and has given Ex.P29 and Ex.P30 reports, stating that the finger prints

lifted in the bus are tallying with the finger prints of the accused Nos. 1 to 4.

P.W.26, the Judicial Magistrate No. III, Tirunelveli had conducted test identification parade in the Central Prison, Palayamkottai. He adopted

the procedures and completed the identification parade and furnished a report, Ex.P26. He has mentioned in his report that P.W.1 identified the

second and fourth accused, while P.W.2 had identified the first and fourth accused.

On completion of the investigation, P.W.30, the Investigating Officer laid the charge sheet against the accused under Sections 341, 506(ii),

342 read with 397, 302, 120-B and 411 I.P.C.

The prosecution before the trial Court marched as many as 30 witnesses and marked 46 documents. The accused examined one witness as

D.W.1 and marked one document, viz., Ex.D1, copy of the Accident Register.

While all the accused were questioned u/s 313(1)(b) Cr.P.C. with reference to the discriminating materials available against them in the

prosecution evidence, they denied the complicity in the offence. Considering and appreciating the oral evidence on record, scrutinizing the

documents and circumstances of this case, the trial Court came out with a Judgment of conviction, which is under challenge before this Court in

these appeals.

The learned Counsel for the appellant Chidampara Krishnan @ Duriappa @ Durai, Mr. V. Kathirvelu would contend that the occurrence took

place during night hours and even in the bus, there may not be sufficient light to identify the accused and the evidence of the witnesses are

improbable and hence they could not be relied upon and the evidence would indicate that the witnesses could not have been present in the scene of

crime. It is his further contention that even in the test identification parade conducted by the Judicial Magistrate, the accused were not properly

identified by P.Ws.1 and 2 and all the accused had stated before the Judicial Magistrate that the police apprehended them while they were in their

house, took them to the police station and showed them to the four witnesses and they also took photographs.

The learned Counsel Mr. Palanivelayutham, who is appearing for the accused Maharajan argues that while the circumstances are carefully

considered, it could be seen that the First Information Report was lodged belatedly. The evidence of the prosecution witnesses do not contain

truth. The recovery of material objects including the cash have not been established beyond reasonable doubt; that P.Ws.21 and 23 are the

Government officials and hence they obliged and that the scientific evidence is also not extending helping hand to the prosecution.

The arguments of the learned Additional Public Prosecutor is heard on the merits of the case and also on the contentions projected by the

learned Counsel for the appellants.

It is the case of the prosecution that on 14.08.2003 mid night, the witnesses P.Ws.1 and 2 along with the deceased Murugarajan boarded

Ganapathi Transport bus in Tirunelveli Town Puttarathi Amman Kovil bus stop and while the bus was proceeding beyond Speaker

Chellapandiyanar statue in Vannarpettai along bye pass road towards Tirunelveli new bus stand, the accused who were seated, raised and

committed the offences as stated by the witnesses.

With reference to the sequence of events of occurrence, the oral evidence of P.Ws.1 and 2 are identical. They say that after collecting money

from their customers in Tirunelveli Town, they were coming by bus. P.W.1 was keeping a sum of Rs. 1,40,000/- in his bag and the deceased

Murugarajan was having a sum of Rs. 70,000/- in a bag kept by him. The occurrence is portrayed by them that the first and third accused, while

the bus was going, went near the driver and the fourth accused came towards P.W.1 and asked him to give the bag, which contains the money as

well as the receipt book and immediately snatched away the bag from him. The first accused threatened the driver to stop the bus and the driver

stopped the bus. The third accused asked the deceased Murugarajan to give him the bag, but he refused, hence he cut him on his left shoulder.

Even then he did not part with the bag. So, the first accused cut him in his right side shoulder. Inspite of the efforts made by the second and fourth

accused to snatch the bag from Murugarajan, he did not allow it and hence both of them pulled him by hand outside the bus. Thereafter, the

evidence of P.W.1 proceeds that, all the four accused indiscriminately hacked him with aruval and stabbed with knife. The evidence of P.W.2 is

also on the same line. It is to be noted that nothing in their chief examinations have been shattered while they were examined in cross.

P.Ws.3 and 4 are the crew of the bus. P.W.3, the driver says that while he was driving the bus beyond B.S.N.L. Office, one person showed

aruval and asked him to stop the bus. He stopped the bus and left the place. After five minutes, P.Ws.1 and 2 came and the injured was removed

to the infirmary. P.W.4 speaks as deposed by P.W.3. Both of them turned hostile to the prosecution and were examined in cross by the

prosecution. As far as the oral evidence of P.Ws.1 and 2 are concerned they are natural, convincing and cogent.

The Investigating Officer examined as many as 11 witnesses, P.Ws.8 to 19, who are businessmen in Tirunelveli having transactions with

P.Ws.1 and 2 and the deceased. In their evidence, they have categorically and candidly deposed that the witnesses P.Ws.1 and 2 and the

deceased were having business transactions with them and on 14.08.2003, they came to meet them and received the money from them, which

were payable by them. By their evidence, it has been vividly established that prior to the occurrence in Tirunelveli Town, the above said trio met

those witnesses and collected outstanding money.

As far as the medical evidence is concerned, the doctor P.W.27, who has conducted autopsy over the corpse of Murugarajan found as many

as 13 injuries and opined that the deceased died of shock and hemorrhage due to multiple heavy cut injuries about 12 hours prior to postmortem.

As regards the scientific evidence on M.Os. viz., the tarred stones, cotton swab smeared with blood, which was taken in the scene of crime, the

shirts and pants of the accused, the bags which contained money, the billhooks and the knife used by the accused, they were subjected to

biological examination, chemical examination as well as the serological analysis. All the articles were found to have contained ''A'' group of human

origin blood, except a cotton swap and a shirt. To considerable extent, the above said scientific evidence support the versions of P.Ws.1 and 2.

P.W.26, the Judicial Magistrate has taken up the job of conducting test identification parade. He has followed the settled procedures and came

out with a report Ex.P26. From his evidence, it is shown that P.W.1 had identified the second and fourth accused while, P.W.2 identified 1 to 4

accused. There is no circumstance to doubt the conduct of test identification parade and there is no impediment for this Court to place reliance

upon the report Ex.P26.

As far as the recovery portion of the case is concerned, the arrest, recording of confessions statements, production of material objects

including cash by the accused and their seizure have been proved beyond all the reasonable doubts by the examination of P.Ws.21 and 23. No

doubt, both of them are Government officials. But it is not at all a ground to lay suspicion over their versions, if truth is discernible from their

evidence. There could be no obstacle to observe that they duly corroborate the oral accounts of prosecution witnesses. While their cross

examinations are carefully gone through by this Court, nothing is available to discredit their testimonies furnished in their chief examinations. Hence,

the recoveries of the material objects have been established and they deserve to be accepted.

We have heard both sides with rapt attention and paid utmost consideration to the arguments advanced by them. As adverted to supra, the

oral evidence of P.Ws.1 and 2 are natural, clear and portraying the occurrence. Their evidence are properly and duly corroborated by other

circumstances, viz., the recoveries of material objects, scientific evidence, test identification parade and report produced by the finger print expert.

As far as the report of the finger print expert is concerned, they could not be brushed aside since it is reliable scientific evidence when no motive or

any violation of procedures was suggested to the finger print expert and smelling rat on it. A conspectus of all the materials in this case paves way

to conclude that the accused were available in the scene of crime and with the intention of physically eliminating Murugarajan and committing

robbery, they travelled in the bus and they successfully achieved their object. Sufficient materials are available in this case to establish the guilt of

the accused. We are of the considered view, the prosecution has succeeded in bringing home the guilt of the accused beyond all reasonable

doubts. The observations and findings of the trial Court in finding them guilty and convicting them are quite appropriate and hence any interference

with the Judgment of the trial Court is not at all warranted. By upshot of our above discussion, we do not upset the decision of trial Court. Since,

the trial Court has thoroughly analysed the crux of the case and sentenced the appellants as per law, its Judgment has to be confirmed. The appeals

are devoid of merits. They suffer dismissal. In fine, both the appeals are dismissed.