TaxTMI 
TaxTMI 
TaxTMI 
2014 (7) TMI 1256
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....of Neyveli area. Subsequently, on 4th April, 2004 during Panguni Uthram Kaavadi Festival at Veludaiyanpattu village, the deceased visited for the festival. On the said date at about 6.30 p.m., the deceased along with his friends was talking behind the school at Vadakkumelur. At that time accused No.1, Krishnan @ Ramasamy, accused No.2 Rajendiran @ Chinnu, accused No.3, Ramalingam and accused No.5, Selvam came there and took the deceased Manikandan to the place near Mariyamman Temple and attacked him. Later, they took him in an autorickshaw bearing Registration No.TN 31Y 2376 and abducted him under the pretext that the deceased was being taken to Police Station. On the way, the accused purchased brandy and at 6.15 p.m. in the cashew thope belong to one Vijeyendiran the deceased was taken out of the autorickshaw. Vijeyendiran told the accused not to assemble there. Then, accused Nos.1, 2 and 3 took the deceased Manikandan to the side of the road leading to Vadakkumelur and under a margosa tree Manikandan was compelled to drink brandy. At about 12 midnight accused Nos.1 and 2 strangulated the deceased Manikandan by putting his towel around his neck and done him to death. Thereafter, a....
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.... dismissed the appeal by the impugned judgment. 6. Learned counsel for the appellants would submit that the Sessions Judge accepted the testimony of the interested witness and on the basis of circumstantial evidence the appellants have been convicted. He would further submit that the prosecution case rests only upon circumstantial evidence but the prosecution has failed to prove such circumstances without any breakage of link, convicted the appellants only on the basis of last seen theory and the confession of accused No.3. He also submitted that the appellants (accused Nos.1 to 3) also stand on the same footing as that of accused Nos. 4 and 5, who were given benefit of doubt, such benefit was not extended to accused Nos.1 to 3. 7. From the judgment passed by the Sessions Judge as affirmed by the High Court, we find that the prosecution case rests only upon the circumstantial evidence. The Court mainly relied upon the evidence of Valarmathi (PW-1), mother of deceased Manikandan, confession of accused No.3 and the postmortem report. 8. The evidence of Valarmathi (PW-1) is to the effect that her son Manikandan was said to have given a flower to the daughter of accused No.1 and sin....
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....xamined. 10. Amirthavalli (PW-2) is the elder sister of Valarmathi (PW-1), complainant. She stated that Manikandan went to Kerala and had returned for Panguni Uthiram Festival last year. When he was lying at the entrance of the house at about 6 o'clock, all the five accused who were present, descended down to Valarmathi's (PW-1) house and taken Manikandan to Mariyammam Temple for enquiry. They had beaten up Manikandan there. Then the village head had told not to beat him and asked them to hand him over to the Police Station. Subsequently, at 8 hrs accused Rajendiran had brought the auto. Then accused Rajendiran, Chakkarai, Ramasamy and Ramalingam had taken Manikandan in that Auto. They had not gone along with them, since there was a darkness. 11. During her cross-examination, she stated that when they had made a visit to Police Station, accused No.1, Ramasamy had brought the deceased Manikandan to Police Station. Therefore, they asked as to whether Manikandan was present there. The Police had replied that Manikandan was not handed over to them. 12. Murugan (PW-4), a coolie at Neyveli, stated that he was a friend of Manikandan. He further stated that there was an enmity between t....
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....h took place on 4th April, 2004 shows as if she had seen every stage, the manner in which the accused abducted the deceased Manikandan, beaten up in the Mariyamman Temple, taken in the autorickshaw, reached from one place to another place and then went to the Police Station. The statement of Valarmathi (PW-1) about accused No.3 is an improvement which was not explained. The story of accused to the deceased in the autorickshaw as narrated in the deposition of Valarmathi (PW-1) is another improvement which she has not disclosed in the FIR, Ex.P.13. 17. Referring to the material on record, learned counsel for the appellants submitted that there is a doubt about the place where the deceased Manikandan was last seen and the time when he was last seen along with the accused. 18. The case of the prosecution rests mainly on the scene of occurrence; the deceased Manikandan was last seen in the company of accused Nos.1 to 3. As per Valarmathi (PW-1), deceased Manikandan was last seen in Mariyamman Temple in the company of accused Nos. 1 to 4. Amirthavalli (PW-2) is maternal aunt of the deceased. Valarmathi (PW-1) did not disclose the presence of Amirthavalli (PW-2) at the scene of occurren....