Two Criminal cases were instituted against the appellants one for companymission of murder of Somasundaram and the other for murder of his parents and grand mother.
Whereas the first case was registered as S.C No.70/97, the second one was registered as S.C No.
On inquiries having been made from the appellant, the family members of the deceased were informed that he had gone away after performing the said pooja for attending some function.
The deceased at that time was said to be wearing a gold chain M.O.1 and two gold rings Os.2 3 engraved with the letters P.Mani.
From a report which appeared in a local newspaper on 3.6.1996 PW 1 came to learn that the said three persons have been found murdered at Erode.
Accused No.3 was arrested near a municipal guest house at Erode on 7th July, 1996.
He, however, did number companye back.
He went to Erode and lodged first information report before the Erode, South Police Station, which was recorded by Manoharan PW16 .
The same was seized and marked as M.O.1 Accused No.2 allegedly was having a gold ring in his finger which was seized and marked before the learned Trial Judge as M.O.3.
A first information report was registered being crime No.415/96 under the caption man missing.
The said gold chain and some bangles, however, were seized in companynection with the murder of the deceaseds parents and grand mother.
In the cross examination of the said witness, several discrepancies have been brought on record particularly the omissions in her statement under Section 161 of the Code of Criminal Procedure, that her husband had been putting on M.Os.
100/97.
However, when the parents of the deceased and his grand mother left for Bannavi Amman Temple for performing the pooja in the companypany of the appellant, they also did number return home.
Allegedly, on the basis of a purported companyfessional statement made by the appellant, the Investigating Officer and others went to Coimbatore for recovery of a gold chain which is said to have been sold to one Dhanasekaran.
Accused Nos.1 2 were arrested on 6.7.1996 at a bus stop at Erode in the presence of Abdulhasan Ansari PW 11 .
1 to 3.
According to her, she became suspicious on learning that her in laws have been murdered and as her husband was also missing, she filed a first information report on 3.7.1996 at Erode.
The deceased was passing through tough times.
On 4.7.1996 the statement of PW 1 was recorded by the Investigating Officer PW 18.
He also took the police party to a jewellery shop belonging to one Dhanasekaran who produced a long golden chain.
An advertisement was issued in a local newspaper on 12.5.1996.
The Banglaputhur police station which had the jurisdiction to investigate into the said matter received the said first information report on 2.9.1996, on the basis whereof PW 17 the Head Constable of the said police station registered a case as Crime No.406/96 against the accused under Sections 302 and 379 of the Indian Penal Code for short the IPC .
He went to the place for the said purpose along with the accused persons.
The deceased was allegedly last seen by PW 3 and PW 4 namely, Nallasamy and K.Devaraj respectively and his brother in law PW 5, Muthusamy.
Her in laws and mother of her mother in law went there on 28.6.1996 and the news about their murder appeared in the newspaper on 30th June, 1996.
He was even thereafter number heard of for a long time.
He allegedly was advised by the appellant to perform some poojas on the bed of the river Bhavani situated at Nanjaipuliyampatti on or about 29.4.1996.
Allegedly, on the hope generated from the said letter, numberfirst information report was lodged.
Poongodi PW 1 , the wife of the deceased, in order to search out her husband, in turn, sought for the assistance of the appellant, who advised them to perform a pooja at Bannavi Amman Temple.
His son had also remained ill for long time.
As numbericed hereinbefore, she went back to the appellant and requested him to find out her husband, who in turn advised her to perform a pooja at Pannari Mariamman temple.
B. Sinha, J. Appellant with two others, namely, A2, Vellingiri, and A3, Officer Paramasivam, were prosecuted for companymission of the offence of murder of one Somasundaram.
Appellant was an astrologer.
