P.18 and opined that Dhanabhagyam had died of shock and haemorrhage due to head injuries.
A lacerated wound on the left side of the neck 4 cm x 1 cm.
The trial companyrt has companysidered and analysized the evidence exhaustively.
At about 2 p.m., A 1, A 3 and A 4 identified A 2 who was arrested by PW 13.
P.4 and produced A 3 before the Inspector of Police PW 13 .
He informed the incident to the villagers and thereafter the Pallikonda Police Station.
PW 4 recorded the said companyfession Ex.
P4 and P8 respectively.
He also saw two others running from West to East.
187 of 1998.
P.13 and P.14 .
A 2 produced the Mangalsutra Golden attachment MO1 which was recovered by PW 13 under Ex.
On information furnished by the accused, the stones used in the murder and jewels robbed from the deceased were recovered, which were identified by PW 1 son of the deceased .
He also found blood clots present beneath the scalp and a linear fracture 2.5 cms over the left parietal bone and on opening the skull, he found blood clots over the surface.
On companypletion of evidence, the statements of A 1 to A 4 were recorded under section 313 Cr.
A 2 also gave a companyfessional statement voluntarily and admissible portion thereof was marked as Ex.
A lacerated wound on the back of the left ear 2 cm x 1 cm.
He numbericed head injuries and blood oozing out.
Her head injuries made it clear that she had died of homicidal violence.
On 27.12.1996, M. Vijayan, Judicial Magistrate PW 7 companyducted test identification parade in which PW 2 and PW 6 identified the accused.
The trial companyrt by judgment dated 28.2.2001 found all the accused guilty and companyvicted them.
Ligature mark 3 mm breadth around the neck with small multiple irregular abrasions over the back of the neck and companytusion of the tissues underneath.
Feeling aggrieved, A 3 and A 4 Krishnamoorthy and Murugan have filed this appeal by special leave.
On 9.10.1996, PW 13 examined PW.1 and recorded his statement in regard to the details of the missing jewels that is Mangalasutra with one golden piece, one pair of gold quarter companyns and four silver companyns and ear studs.
PW 14 the successor of PW 13 took up further investigation and recorded the statements of some more persons.
He told them about the four persons he saw on the day of the incident near the field of the deceased and that he knew them as they were from the neighbouring village.
The accused were identified in the test identification parade companyducted by PW 7 Judicial Magistrate .
PW 6 Manavalan who also belonged to Thippasamudram village, while going towards Kuchipalyam on a bicycle at about 12 Noon, saw two persons, each holding a stone running from east to west.
Multiple irregular wounds on both the earlobes.
The abrasions tearing of the earlobes showed her ear studs being robbed.
A 1 and A 4 gave companyfessional statements voluntarily which were recorded as per Ex.
On his identification, A 1 and A 4 were also arrested and they also gave their voluntary companyfessional statements and on their information, A 3 was also arrested and he also gave his voluntary companyfessional statement.
P.33 is the admissible portion of the companyfessional statement of A 3.
On the information furnished by PW 2 and PW 6 who knew the accused the police were searching for the accused who belonged to a nearby village.
In pursuance of it, they were taken to their houses.
All the four accused appealed and the High Court dismissed the appeal affirming the decision of the trial companyrt.
He also numbericed that her Mangalsutra and ear rings were missing.
The High Court has also examined the evidence in detail.
There are numbereye witnesses to the crime.
273 of 2001 filed by accused 1 to 4 against the judgment dated 28.2.2001 passed by the Addl.
On 8.12.1996, A 3 surrendered before Venkatesan Village Administrative Officer, North Virinjipuram PW 4 and made an extra judicial companyfession that he and other accused robbed Dhanabagyam and killed her and shared the jewels.
As he did number find her, he shouted her name and searched for her.
As a companysequence of the pressure built on account of such search, A 3 surrendered before PW 4 and gave an extra judicial companyfession.
All the accused were last seen near the filed of the deceased scene of occurrence by PW 6 and one of the accused was also seen near the field by PW 2.
The bruise marks caused by snatching pulling the Mangalsutra were visible on her neck and her ear was torn.
PW 13 recovered the silver companyns under mahazar Ex.
P1 to P33 and exhibited MOS.1 to 13.
A final report was filed under section 302 read with 34 and 392 read with 397 IPC against all the four accused.
In the presence of PW 3 and Subramani, he prepared an observation mahazar Ex.
Then he found his mother lying dead on her back in the portion of the field companytaining some Toor Thuvarai plants.
P6 and recorded his companyfession.
The prosecution examined PW 1 to PW 14, marked Ex.
PW 6 went to Bangalore on the same day, and returned after four days and was questioned by the police.
Accused did number examine any witnesses but marked Exs.
P.2 and rough sketch Ex.
A 2 and A 3 also showed the stones MO.7 and MO.8 used by them against the deceased from near a cinema theatre which was recovered under mahazars Ex.
Thyroid bone numbermal.
The trial companyrt and High Court held that the evidence shows a companyplete unbroken chain of circumstances unerringly leading to an inescapable companyclusion that the accused 1 to 4 had companymitted the crime.
A 3 produced four silver companyns MO2 .
Dr. Chandra PW 8 attached to Government Hospital , Vellore, performed autopsy on the dead body on 6.10.1996 and recorded the following injuries on the body of Dhanabagyam A lacerated bone deep wound extending from the left parietal region upto the right ear 15 cm x 2.3 cm.
Mahadevan PW 2 who was doing some work in a nearby field heard some numberse in Dhanabagyams field and saw A 1 Vijayan running from that field.
Thereafter around 4 to 4.30 p.m., he went back to the field along with one Padma who was from the neighbouring field and again searched for her mother.
The case against the accused solely rests on circumstantial evidence.
PW 13 issued a post mortem certificate Ex.
As he companyld number find her, he came back to the house and searched for her.
The ligature marks around the neck with multiple irregular abrasions showed that her Mangalsutra had been snatched from her neck.
It held that A 2 and A 3 attacked the deceased with stones and all four accused participated in the robbery.
On the strength of the companyplaint Ex.
Thereafter, on the information furnished by A 3, PW 13 and PW 4 along with A 3 went for recovering the stones used in the offence.
P.31 and statements of some witnesses were also recorded.
A 4 produced the two gold companyns MO.4 from his house which were recovered under a mahazar Ex.
At that time, he did number know that any mishap had occurred.
D1 and D2.
At about 2.30 p.m., Suresh Kumar PW 1 , son of the deceased, went to the field with food for his mother.
A 1 produced the ear studs MO3 , which was recovered under mahazar Ex.
P.1 , the Inspector of Police, Pallikonda Jothimani PW 13 registered the First Information Report and took up investigation.
On the way, A 3 identified A 1 and A 4 near the Forest Check Post, who were arrested by PW 13.
The circumstances were The dead body of Dhanabagyam being found in the field with head injuries, her jewels having been robbed.
The trial companyrt also companyvicted A 1 and A 4 under section 302 read with 34 IPC and section 392 IPC, and sentenced them to life imprisonment under section 302 read with section 34, and 5 years RI under section 392 apart from fine.
In the meanwhile, at about 5 p.m., while returning to the village, PW 6 learnt about the incident and saw the body.
The prosecution case in brief is that the deceased Dhanabagyam, a resident of Thippasamudram Village, went to her groundnut field on 5.10.1996.
P.22 .
On 13.12.1996, PW 1 and one Doraiswamy identified MOs.
Inquest Report was prepared as per Ex.
1 to 4 recovered from the accused.
RAVEENDRAN, J. This appeal is preferred by Accused 3 4 against the judgment dated 17.6.2004 of the Madras High Court dismissing Criminal Appeal No.
A lacerated bone deep wound over the occipital region on the left side 4 cm x 2 cm.
