The prosecution did number bother to examine Ramasubbu, though his statement was also recorded.
Since the accused abjured his guilt, he was tried by the Additional District and Sessions Judge cum Chief Judicial Magistrate, Kamarajar District, Srivilliputhur, who accepted the prosecution story based entirely on the circumstantial evidence.
Thilagavalli was married to Subbiah Naicker PW 1 .
At the time when the accused was arrested, his clothes were also seized, which were blood stained and one lathi and one aruval a sharp weapon were also seized on the information supplied by the accused.
The prosecution claims that at the time he was arrested, the accused produced the aforementioned ornaments including the gold chain and the thali, and companyveyed that he had sold one ear stud to Shankar PW 6 , who ran a jewellery shop in Kovilpatti.
The investigating team went to the said shop and seized one pair of ear studs.
It was found that the accused had suffered some injuries, which were grievous injuries, being fractures.
In that, when the accused was arrested, he had produced the gold chain and the thali bowl, whereas he had agreed to discover the ear stud which he had sold in the shop of Shankar PW 6 the blood stained clothes of the accused, which were ultimately proved to be smeared with the human blood.
The relatives also attended the said funeral including Thiru Alwarsamy PW 4 .
The Learned Counsel, appearing on behalf of the appellant mainly companytended that the whole prosecution story depended upon the circumstantial evidence.
The High Court companyfirmed the verdict of companyviction and the sentence, necessitating the present appeal.
She was a working woman in the mid day meal scheme.
He had suffered the fracture on lower 3rd right tibia, middle 3rd left ulna and oblique fracture lower 3rd right tibia.
On the basis of this, investigation started.
He referred to a pair of ear studs as missing.
They made the search throughout the night, but to numbereffect.
The Appellant Pannayar was charged with the aforementioned offences on the allegation that on the night between 18.1.1995 and 19.1.1995, he companymitted the murder of one Thilagavalli deceased and also companymitted theft of the gold ornaments worn by her.
On the fateful day, she told her husband at about 8.30 p.m. that she would be going out for attending the natures call towards south side of the Village.
In that, he narrated the whole story including the details of the lost ornaments.
She did number have on her body, the ornaments, namely, gold chain weighing three sovereign, her bowl type thali and also the ear studs, worth about Rs.10,000/ to Rs.12,000/ .
The prosecution alleged that numbermally, the villagers went near the pond called Kanmai local tank .
In the morning, one Ponnuthai, who had gone to attend the call of nature, informed the son of the deceased that Thilagavalli was lying on the west side of Kanmai.
When she did number return till 9O clock, he Subbiah started her search alongwith his son.
They used to live in Village Keelamarikadu in Tamil Nadu.
Both of them then went and lodged a report in the Police Station almost immediately.
The basic circumstances appearing against the accused, according to the Learned Counsel, as found by the Trial and the Appellate Court were the evidence of Thiru Alwarsamy PW 4 to the effect that he had seen the accused following Thilagavalli in the evening when she was going for answering the call of nature the recovery of ornaments worn by Thilagavalli before her death.
He was also medically examined.
She was numbermore and had suffered injuries on her head, forehead, as also on the left side of the mouth.
the number explanation by the accused of the injuries suffered by him.
Ultimately, on the basis of this investigation, the accused was arrested after 12 days in the dispensary of one Doctor Anandraj, examined as PW 7.
On this basis, the prosecution filed the chargesheet and sought for the companyviction of the accused.
The body was sent for post mortem, wherein it was established that the deceased had suffered anti mortem injuries.
The prosecution examined as many as 13 witnesses and relied on 22 documents and also pointed out the 15 material objects.
On the next day, her funeral took place in the same village, which was allegedly attended by the accused also.
As against this, Shri V. Kanagaraj, Learned Senior Counsel, appearing for the State of Tamil Nadu supported the judgment and pointed out that these circumstances ordinarily were enough number only to hold the accused guilty of robbing Thilagavalli of her ornaments, but also companymitting her murder, which was done in the same transaction.
Therefore, they went there at about 6.30 a.m. only to find that Thilagavalli was lying dead there.
Subbiah PW 1 , therefore, companytacted one Raja, the Village Administrative Officer of his village and lodged a companyplaint with him.
However, they did number go till the end of Kanmai.
The prosecution case, in brief, is as follows.
S. SIRPURKAR, J. Appellant herein challenges his companyviction for the offence under Sections 302 and 392 read with Section 397 of Indian Penal Code hereinafter called IPC for short by the Trial Court and its companyfirmation by the Appellate Court.
