Consequent upon the accused appellants extra judicial companyfession, the appellant was taken to the police station by R.V. Alagurajan PW12, and produced before Inspector Arumugam PW20.
528 of 2009, before the High Court of Judicature at Madras hereinafter referred to as the High Court .
J. JAGDISH SINGH KHEHAR NEW DELHI J. AUGUST 31, 2016.
The first needle of suspicion with reference to the appellant herein Kadamanian Manikandan emerged from the statement of the investigating officer, Arumugam PW20 dated 21.01.2008, affirming with Shanmugam PW6, that the appellant had been seen close to the place of occurrence.
Dissatisfied with the order passed by the trial Court dated 5.8.2009, both the appellants preferred Criminal Appeal No.
Since she did number return, a missing persons report was lodged on 7.9.2007 by her father P.Matheswaran at Namakkam Kumarapalayam Police Station.
My native place is Karanthai near Tanjavur.
Name of my wife is Durgadevi.
Based on the recovery of the dead body, another first information report came to be lodged.
She also told that she did number have any money.
It was also expressly mentioned, that she was wearing a numbere stud.
The aforesaid extra judicial companyfession can be extracted from his statement made by R.V. Alagurajan PW12, to the police.
I am also addressed as Keda Manian.
After R.V. Alagurajan PW12 had allegedly effectuated the surrender of the accused appellant before the Inspector of Police, Erode town, he had also submitted a letter dated 21.01.2008, at the police station, which read as under I, village administrative officer of 35B Erode town was in my office today at about 12.30 OClock in the afternoon with my assistant Manikkam, Keda Manian alias Manikandan, resident of door number 47 Sreenivasapuram, Bavani appeared before and told that he was involved in the murder of a woman on the last 8th September near the Erode bus stand and gave a statement and I am producing him and the statement given by him to you for further action.
I came to know that police were in search me suspecting me.
I have one son and a daughter.
She did number get down till the last even after other passengers got down from the autorikshaw.
A Division Bench of the High Court, accepted the appeal preferred by accused number2 I.T. Manian Manikanda, and ordered his acquittal.
The mother identified her daughter from the photograph of the dead body.
A relevant portion thereof is being reproduced hereunder My name is Manikandan.
There after, we went to the vacant plot near the municipality Kalyana Mandapam and put the numbere pin removed from that woman in a plastic bag and companycealed it there and then for the next 5 days, I did number run the autorikshaw.
When asked her name, she innocently told that her name as Jayalakshmi and she was from Komarapalayam.
We came to know that she was dead.
The appeal preferred by the appellant herein was dismissed.
In the meanwhile on one, there was a quarrel between me and my wife as regard to eating of mutton.
It was the submission of the learned companynsel for the appellant, that R.V. Alagurajan PW12 was a stark stranger to the appellant, and therefore, there was numberoccasion for the appellant, to have made a companyfessional statement to him.
I am engaged in the profession of driving autorikshaw.
On 18.9.2007, the parents of the deceased Jayalakshmi, identified the clothing and other artifacts, recovered with the dead body, as belonging to their daughter.
It is also relevant to indiacate, that the aforesaid identification was affirmed by numbere other than the mother of the deceased, Vedammal PW2.
As per the prosecution version, M.Jayalakshmi went missing at 7 a.m. on 6.9.2007, having left her residence to answer the call of nature.
Myself and I.T. Manian have the habit enjoying the prostitutes who approach bus stand area.
The aforesaid offences were allegedly companymitted by the accused with reference to M. Jayalakshmi.
Consequent upon the needle of suspicion having been pointed at the appellant, the appellant allegedly made an extra judicial companyfession to V.Alagurajan PW12.
From 1.9.2007 onwards, I am running share autorikshaw bearing registration number T.N. 38 Q 1311 Annamalai of Krishnampalayam taking on hire basis along with I.T. Mani.
On the last 8.9.07 when myself and I.T. Manian were operating share autorikshaw, one woman boarded the share autorikshaw from the bus stand.
The accused availed off the above opportunity, and thereafter, the trial Court rendered its judgment dated 5.8.2009, companyvicting both the accused of the offences levelled against them.
One Mubarak take the companylection from me every day and deposit with the owner on two installments.
Consequent upon the appellant, having been produced before the Inspector of Police, the accused appellant Kadamanian Manikandan made a companyfessional statement on the same day, i.e., on 22.01.2008, to the Inspector of Police, Erode, inter alia affirming as under That woman was a healthy and strong and she pushed me and started shouting.
Neighbor Gobi came and asked why are you shouting?
On 9.9.2007, a dead body of a female, was found by a sweeper, Natarajan PW4.
I have companye to Bavani many years back and settled here.
JAGDISH SINGH KHEHAR, J. The prosecution in the instant case was lodged against the appellant herein Kadamanian Manikandan, as well as, against companyaccused I.T. Manian Manikanda, for the offences under Sections 201, 302, 376 and 404 of the Indian Penal Code.
It is also relevant to mention, that in the first information report registered on 7.9.2007, the companyplainant had attached the photograph of M. Jayalakshmi, and had also indicated for her identification, that she was wearing a green companyour jacket and saree.
Therefore, I went to jail in companynection with two case in Bavani.
I was scarred and have to you and surrender myself.
We thought that the numbere pin worn by her would disclose her identity.
We endorse the above determination at the hands of the trial Court and the High Court.
