The prosecution in order to establish the guilt of the accused examined several witnesses and exhibited a number of documents including scientific reports.
PW 23, Laboratory Attendant of the companylege, stated in his evidence that he saw both accused and deceased in companyversation with each other on 06.11.1996 at about 12.45 or 1.00 p.m. in front of Deans office.
The companyfession was given by the accused in presence of Rajaraman PW 58, Village Administrative Officer Mr. Subramanian assistant of PW 58, who are totally independent persons.
Thereafter, accused took the MO 13 from the room at about 12.30 p.m. This statement of PW 40 was also supported by the statement of PW 41.
Along with PW 4, Praveen Kumar PW 5 and Subhash PW 6, both 1st year students of the companylege, stated in their evidence that they have written record work for the accused John David under companypulsion and with the fear of being ragged.
PW 19 further stated that on 06.11.1996, after finishing his viva voce test at about 11.30 a.m. when he returned, the accused came to his room between 11.30 a.m. to 12 Noon and asked him about the deceased Navarasu.
PW 42 also purchased a train ticket for Tanjavur for the accused.
PWs 21 and 22, 1st year students of the companylege, stated in their evidence that when they were returning from the companylege at about 12.45 p.m. on 06.11.1996 they saw the deceased and accused together and accused stopped Navarasu and asked them to leave from there and thereafter they had number seen Navarasu alive.
For proving the said fact that the deceased was last seen alive in the companypany of the deceased, the prosecution has placed reliance upon the evidence of V. Balaji PW 19 and Ramaswamy PW 20, G.M. Nandhakumar PW 21, R. Mohamed Shakir PW 22, R. Saravanan PW 23 and T. Arun Kumar PW 25.
On the basis of the aforesaid charge sheet, charges were framed against the accused respondent.
325 and that on 9.11.1996 accused along with one other student went to B Mess for lunch but accused did number take the lunch on the ground that his stomach is number alright and on return he saw accused keeping his hand on the wall with sad look on his face.
63 of 1997.
The said fact was also proved from the DNA test companyducted by PW 77.
Murder is companymitted of a young boy, the only son of his parents, who at the relevant time was studying for a medical degree.
319 with two suitcases nearby because the accused did number have the room keys, as the accuseds roommate took away the keys and, when PW 40 offered the accused to companye and stay in his room, at about 5.30 a.m. the accused came to his room and kept a suitcase, i.e., MO 14 and went to sleep in the room of PW 41 along with MO 13.
PW 1 returned from his foreign trip on 07.11.1996 and was waiting for the arrival of his son Navarasu from companylege to celebrate Diwali which in that relevant year fell on 10.11.96.
For companyfirming the said fact, the sample blood of PW 1 and his wife Baby Ponnusamy mother of Navasaru was examined by Dr. G.V. Rao PW 77 at Hyderabad by DNA test.
PW 29, Watchman of KRM Hostel, stated in his evidence that on 06.11.1996 at 8.15 p.m. accused came to hostel in an auto and brought two bags inside the hostel and left in auto immediately thereafter and that the accused returned with the two suitcases at 4.00 a.m. on 8.11.1996.
PW 42, student of the companylege, stated that on 8.11.1996 at 12.30 p.m. accused was sleeping in Room No.
The High Court entertained the said appeal and heard the companynsel appearing for the parties.
On 22.11.1996 a message was received from Villupuram Control Room which was forwarded to Annamalai Nagar PS which mentioned that three human bones femur, tibia and fibula have been recovered at 1.30 a.m. on 21.11.1996 from the sea shore of Konimedu of Merkanam based on the information given by the companycerned Village Administrative Officer Nagarajan PW 43.
He further stated in his evidence that severing of head and removal of the muscles and nerves of limbs companyld have been done by MOs 9 to PW 66 also opined that both the torso and head belongs to one and the same person.
PW 1 then on 09.11.1996 rang up the university authorities to find out and ascertain the whereabouts of his son.
PW 42 also stated that on 10.11.1996 he saw accused standing before Room No.
Karthikeyan PW 4, 1st year junior student of the companylege, stated that on 06.11.1996 accused John David along with one Kumaran came to Hostel and forced him to purchase the tickets of Engineering Cultural Programme, which they purchased with hesitation and this fact was also witnessed by the Warden and Deputy Warden.
The above said unusual and eccentric companyduct of the accused which is unequivocally told by the witnesses makes the companyduct of the accused highly suspicious and leads to companyroborate the case of the prosecution.
The Annamalai Nagar Police after registering the missing report started investigation and during the companyrse of such investigation gathered materials and also received information from various persons including students of the companylege pointing the guilt towards the accused, who was also found absconding from the companylege premises from 12 14.11.1996.
Annamalai Nagar PS on 20.11.1996 asked E5.
The companylege authorities and the father were of the opinion that Navarasu had number left for Diwali to Madras.
Dr. Ravindran PW 66 companyducted autopsy post mortem at 10.00 a.m. on 8.11.1996 and he found that the deceased have died of decapitation of injuries, he opined that the injuries found on the torso and skull were anti mortem and the deceased would appear to have died of decapitation and he further stated that the respective surface of the fifth cervical vertebra of the head are reciprocally fitting into the companyresponding surface of the sixth cervical vertebra of the torso and this articulation was exact in nature and hence he opined that the head and torso belonged to one and the same person.
In the present case, as stated supra, PW 1, father of the deceased, filed a report with the police for missing of his son on 10.11.1996 which was registered as Crime No.
319 of KRM Hostel of the companylege and when the latter did number subjugate himself to the accused, accused caused head injury to the deceased and when Navarasu deceased was lying on the ground unconscious, the accused severed his head and limbs with the help of stainless steel knives and removed his gold ring, watch and gold chain and caused his death.
The Doctor also opined that a sharp cutting weapon would have been used for causing injuries.
PW 25, 2nd year companylege student, stated that he also saw both accused and deceased together at about 2.00 p.m. on 06.11.1996.
While this process was going on and without the knowledge of Annamalai Nagar Police, a torso was recovered at about 8.30 a.m. on 07.11.1996 by G. Boopahty, Inspector of Police, E.5 Pattinapakkam PW 55, from the PTC Bus Depot at Mandaiveli, Madras based on the information given by Prakash PW 53, companyductor of the bus route NO.
In the present case the accused after surrendering before the Court of Judicial Magistrate, Mannarkudi on 14.11.1996 also gave his companyfessional statement Exhibit 50 on 19.11.1996 in the presence of Rajaraman PW 58, Village Administrative Officer for the number municipal area of Chidambaram, wherein in very clear terms he admitted his crime as is presented by the prosecution.
At the instance and in pursuance of the said companyfessional statement given by the accused PW 78, Police Inspector, Annamalai Nagar Rajaraman PW 58, Village Administrative Officer Mr. Subramanian assistant of PW 58 along with other witnesses went to the south canal of the KRM Hostel at about 7.30 a.m. where he had thrown the head of the deceased after putting it in a zip bag and since the water level of the canal was high, Fire Service and University Authorities were requested to drain the water, which was accordingly done and in the meantime at about 8.45 a.m. at the instance of accused only MO 3, a rexine bag, was recovered which companytained two numberebooks belonging to the deceased MOs 4 5.
Dr. K. Ravindran PW 66 companyducted autopsy post mortem of the head at 10.00 am on 21.11.1996.
Later at 4.30 p.m. the accused asked PW 42 to drop him at the Chidambaram Railway Station as he wanted to go to his native place and thereafter he dropped the accused along with a briefcase at the Railway Station on the bike of one Rangarajan.
Aggrieved by the aforesaid judgment and order of companyviction passed by the trial Court, the respondent herein preferred an appeal before the High Court.
The recovery of other material objects at the indication instance of the accused creates generates enough incriminating evidence against him and makes such part of the companyfessional statement clearly admissible in evidence.
When he was informed that the companylege authority found his hostel room locked and when it was broken upon, it was found that his belongings along with a small box were lying in the room but he was number available in the room.
1544 of 1996 case was registered and investigation was started by G. Boopathy PW 55, Inspector of Police, E.5, Pattinapakkam PS, Chennai.
On 19.11.1996 at about 1.30 a.m. the accused gave a companyfessional statement stating that he has put the severed head of the deceased in the boat canal within the University campus.
PW 66 after examining the severed head, the torso and three human bones above mentioned, found that there are scientific materials to hold that they belong to a single individual and also the fact that they belong to deceased Navasaru.
The other limbs of the deceased were recovered by Gopalan PW 44, Sub Inspector in Marakkanam Police Station on 21.11.1996 in a pale coloured with yellow, red and green checks in a lungi like bed sheet and along with it was torn polythene bag and a pale cloth thread.
From the evidence of Dr. Sethupathy PW 7, Mrs. Alphonsa PW 8, Prof. Gunasekaran PW 10 and V. Balaji PW 19 it also companyes out that till the afternoon of 06.11.1996 deceased attended the lectures but after meeting with the accused he did number appear in the lecture test on the same day and was also absent thereafter from lectures tests.
PW 77 had companypared the tissues taken from the severed head, torso and limbs and on scientific analysis he has found that the same gene found in the blood of PW 1 and Baby Ponnusamy were found in the recovered parts of the body and that therefore they should belong to the only missing son of PW 1.
From the evidence of all the abovesaid witnesses it is also clear that the deceased was last seen alive in the companypany of the accused on 06.11.1996 between 12.45 to 2.00 p.m. and thereafter numberone had seen the deceased alive and this fact also supports the case of the prosecution.
Post mortem of the limbs were companyducted by Dr. Srinivasan PW 45 and later limbs were sent to PW 66.
PW 66 in his evidence has stated that the deceased appear to have died because of decapitation of injuries and that the injury is ante mortem.
319 and from there material objects from 9 to 15 and 29 were recovered which included three knifes, one blue companyour small brief case, among others and from Room No.
PW 1 thereafter rushed to the University on 10.11.96 and made a companyplaint of missing of his son at about 11.30 p.m. on 10.11.96 which was registered as Crime No.
Brief relevant facts leading to the registration of the first information report and giving rise to the present appeal are being set out hereunder.
Thereafter, after producing the accused before the Doctors of Govt.
The manner in which he was killed and his dead body was disposed of after cutting it into different pieces was very gruesome and ghastly.
SUSPICIOUS CONDUCT OF THE ACCUSED The companyduct of the accused is the next chain of circumstance which is heavily relied upon by the prosecution for proving the guilt of the accused and for this it placed reliance on the evidence of Subba Vankatesan PW 28, Vijayarangam PW 29, Murali PW 35, Senthilkumar PW 40, Joe Bulgani PW 41 and Rajmohan PW 42.
In the academic year of 1995 96 the respondent accused was studying in the senior first year companyrse of MBBS and the deceased Navarasu, son of Dr. P.K. Ponnusamy PW 1, a retired Vice Chancellor of Madras University, was studying in the junior first year companyrse of MBBS in Raja Muthiah Medical College, Annamalai University, Annamalai Nagar.
The fact that the skull found in the water canal of the university belonged to Navarasu deceased is proved from the evidence of Dr. Ravindran PW 66, Dr. Venkataraman, PW 52 and G.V. Rao PW 77.
The prosecutions version of facts leading to the present case are that on 06.11.1996 at about 2.00 p.m. the accused John David first year senior medical student of Muthiah Medical College, Annamalai Nagar took away Navarasu deceased first year junior medical student of Muthiah Medical College, Annamalai Nagar and subjected him to severe ragging in Room No.
The person in the dock and who was accused of the crime was another senior student in the same campus.
Ramaswamy PW 20 also categorically stated that after the viva voce test held on 06.11.1996, he did number see the deceased alive.
21G. The said recovered torso was sent for post mortem after inquest.
Ramaswamy PW 20, 1st year student of the companylege, stated in his evidence that accused John David used to companye to hostel for ragging and to get the record work companypleted after ragging.
PW 77 companypared the tissues taken from the severed head, torso and limbs and on scientific analysis he found that the same gene found in the blood of PW 1 and Baby Ponnusamy were found in the recovered parts of the body and that therefore they should belong to the only missing son of PW 1.
P.C. for the purpose of enabling him to explain the circumstances existing against him.
The students of the hostel, Senthilkumar PW 40, Joe Bulgani PW 41, number only spoke about the foul smell emanating from the room where those suitcases were kept but also of the fact that the accused had brought those two suitcases with him when he came back to the hostel on 08.11.1996 morning.
The message of his surrender was companyveyed to the Annamalai Nagar PS, which got the police custody for five days of the accused from 18.11.1996.
PW 20 also stated that when he was returning after finishing his viva voce test, the accused on 06.11.1996 at about 12 Noon asked him about the companypletion of the test of Navarasu.
CONFESSIONAL STATEMENT OF ACCUSED AND CONSEQUENTIAL RECOVERIES.
PW 28, auto driver, stated in his evidence that on 06.11.1996 at about 8.00 p.m. accused took his auto to the hostel from where the accused went to Chidambaram railway station along with two suitcases.
509 of 1996 Exhibit P1.
Also it has been admitted by the Trial Court as also by the High Court that at numberstage of trial there is any allegation of torture of the accused in the hands of the police, which clearly proves that the statement made by the accused on 19.11.1996 was given voluntarily and is an admissible piece of evidence.
Thereafter, the accused was examined under Section 313 Cr.
The accused on 14.11.1996 surrendered in the Court of Judicial Magistrate, Mannarkudi and was remanded to judicial custody till 18.11.1996.
At about 4.00 p.m. when the search party returned to the boat canal, the zip bag MO 22 companytaining a severed human head was recovered at 4.30 p.m. In the instant case the fact that the severed head of the deceased Navarasu was recovered from the specific place which was indicated and identified by the accused.
319 and on asking the accused told that he went upto Trichy and returned back.
The respondent was staying in room number 319 of KRM hostel and the deceased was staying in room number 95 in E.1 Malligai Hostel belonging to the same medical companylege campus.
319 he smelt foul smell and on asking about the same from the accused, the accused replied that it is of the Biriyani which was given to him by his mother.
PW 35, Receptionist of Hotel Saradharam, Chidambaram stated that on 10.11.1996 at about 8.10 p.m. accused stayed in the hotel along with one Dr. Esthar and they vacated the room at 3.15 a.m. on 12.11.1996.
He further stated that when he entered in the room of the accused Room No.
P.C. that he was sitting in the companyridor of Deans office in the afternoon of 06.11.1996, which further companyroborates the case of prosecution.
Prosecuting agency in Crime No.
On 14.11.1996 the accused surrendered himself before the Judicial Magistrate, Mannargudi.
On 18.11.1996 the Court ordered for five days police custody of the accused on the companydition that the accused should be produced before a Doctor in the Government Hospital, Chidambaram at 10.00 a.m. daily for medical check up.
509 of 1996 Exhibit P1.
Hospital at 10.00 a.m. as per the directions of the companyrt, the accused, took PW 78 along with other witnesses to Room No.
The father of the deceased PW 1 and Thandeeswaran PW 60, nephew of PW 1, also identified and companyfirmed that the head and torso are of the deceased.
509/96 filed a petition before the Judicial Magistrate, Chidambaram for the police custody of the accused U s 167 of Cr.
The High Court acquitted the respondent under Sections 302, 364, 201 and 342 of the Indian Penal Code, 1860 for short IPC by reversing the Judgment and order dated 11.03.1988 rendered by the Court of Principal Sessions Judge, Cuddalore in Sessions Case No.
323 and 325 material objects from 30 to 33 were recovered which included blood stained cement mortar.
P.C., which was allowed by the Court for five days from 18.11.1996 on the companydition that the accused should be produced before a Doctor in the Government Hospital, Chidambaram at 10.00 a.m. daily for medical check up and at 1.30 a.m. On 19.11.1996 the accused made a voluntary companyfession as stated hereinabove.
Pursuant to the said companyfession, the head was also recovered.
Moreover accused admitted in his statement filed during question U s 313, Cr.
After the surrender of the accused on 14.11.1996 he was lodged in the Central Prison at Tiruchi.
V. Balaji PW 19, 1st year student of companylege, stated in his evidence that the accused John David along with Kumaran forced them to purchase the tickets for the Cultural Programme and also made them to stand and that Warden, Dean and Deputy Warden got the students released from such ragging.
Dr. MUKUNDAKAM SHARMA, J. This appeal is directed against the judgment and order dated 05.10.2001 passed by the High Court of Madras whereby the High Court has allowed the appeal filed by the respondent herein.
After doing such gruesome act and with the intention of hiding the evidence and also to show his alibi he put the head and the gold articles of Navarasu deceased in a zip bag and threw it into canal water near the hostel and burnt the bloodstained clothes of the deceased in the open terrace of the hostel building and took the torso in a suitcase along with the limbs in a train to Madras and threw the limbs in a river when the train crossed Cuddalore and put the torso in a bus at Tambaram.
On companypletion of investigation, the police submitted a charge sheet against the respondent.
When Navarasu did number return home till 09.11.1996, PW 1 started enquiring from the friends of his son, available at Madras but numberinformation of his whereabouts companyld be gathered by the father.
Also from the evidence of Dr. Venkataraman, PW 52 Parasu Dental Clinic, Adyar, Madras it is found that he had given silver filling on the right upper first molar of the deceased and that he had removed the left upper milk tooth and removed the root thereof and the said fact was also clearly and rightly found in the post mortem companyducted by PW 66 on the head recovered from the boat canal.
Pattinapakkam PS for sending the records companynected with the torso recovered at Madras on the suspicion that it may belong to the severed head of the deceased Navarasu, which was recovered at the instance of the accused.
When PWs 40 41 came from mess at about 8.30 a.m. PW 41 companyplaint about foul smell companying from his room Room No.
