Yamaha Motor Cycle MO5 was recovered from the two wheeler stand under ExP34.
No.741/98, U Ss.
Before the High Court the primary stand was that PWs 3 and 4 stated to be the two eye witnesses.
From 2 7 1998 to 3 7 1998 accused were taken under police custody and examined in the presence of the witnesses and companyfession was recorded.
No.705564 situated on the Ist floor of Door No.66A, and he has companyfessed that he has made a call to Chennai and in between the periods 27 7 1997 to 12 10 1997 the numbere book maintained in the office for day time, and charges for Telephone calls were recovered under EX P.26.
The police Photographer Shanmugasundaram PW 18 has taken the photographs of the place of occurrence and a dead body in different angles.
Four of the accused persons filed appeal before the High Court.
On 29 8 1997 around 3 p.m. Mohammed Sulaiman PW 1 when he was in the guard duty a person parked his scooter and informed him that near to the prison main gate a Sub Inspector who was riding bicycle with uniform was assaulted by four persons and ran away towards east.
Since accused Raja was absconded the case was split up against him before the lower Court.
Further the Model signature denoted as R. Kumar was obtained in the presence of witnesses.
The second investigation came up with five different accused persons without any evidence against them excepting their so called admission before the eye witnesses.
Bill No.2501 dated 8 8 1997 to Bill No.2600 dated 2 9 1997 Cash Bill Book M02, and lodge maintenance register for Room No.107 from 25 8 1997 to 16 5 1998 anti Room No.
One accused detained under TADA was brought from Chennai Central prison and produced before Coimbatore Court and returned back to Madurai Central Prison.
Specimen name of Aslam sent for report companytaining 10 papers Ex.
P.33 in the presence of witnesses the accused was taken to Trichy bus stand and was identified by the accused.
Further on 24 6 1998 an application was given for PT warrant for accused Aslam and Jafru, and they were remanded on 2 7 1998.
Later the charge sheet was laid.
After post mortem the MOs 8 to 12 were seized and dead body handed over to his relatives and the recovered material objects handed over to PW21.
When the Assistant Jailor Jayaprakash intend to have body search and examination of identification marks the accused Sahul Hameed refused to allow him to have body search and refused to show identification marks.
Carbon signature of K. Kumar in the lodge attendance register dated 27 8 1997 at Page 564 is Q4.
In Devender Pal Singh v. State of N.C.T. of Delhi and Anr.
Resulting orders of police custody of the appellants, and their interrogation leading to discovery of incriminating facts under Section 27 of Indian Evidence Act, 1872 in short the Act companynecting the accused with crime the fact of arrest of appellants are published in the media with their photographs.
After that three persons on one bike and two persons on another bike has started proceeding towards east.
As specimen signature name as David in Tamil as well as English was obtained and the same was sent alongwith the accused for judicial custody on 3.7.1998.
MO 6 is a negative and MO 17 are Photographs.
Letter companytaining some religious verses is EX P 3 and the companyer is EX P.4, printed format sent to a High Court Judge of the Madras High Court.
During the examination of PW21, during the pendency of this case as per the order of government, the case was handed over to CBCID, Madurai on 21 09 1997.
Enraged by this, the said Sahul Hameed had companyplained to PW 5 that the Assistant Jailor has assaulted and insulted his religion.
At the time the Sahul Hameed has proclaimed that Insha Allah you have to answer for this after that he was examined and sent to 6th block and detained in a separate cell.
307, 305 and 120 b I.P.C, he came to know that all the accused and the absconding accused Raja Tailor Raja have murdered Jayaprakash.
On the basis of an admitted portion of EX P.35 he has taken witnesses and the Inspector and identified the STD Booth, run by Ponnazlagu, Tel.
P.11 letters marked as S1 to S60 as such specimen signature of Abuthakir companytaining 6 papers which is EX.P 2 the letters were marked as S61 to 144 and after research PW 13 has given an opinion that the letters marked as S1 to S24 were written by a person who has signed Q3, S61 to S 144 letters were written by a person who has signed Q2 and Q4.
Further an affixation for PT Warrant has been given to Accused Aasik and he was remanded on 23 6 98 subsequently he was taken to police custody from 23.6.98 to 25.6.98 and he was examined in presence of Village Administrative Officer PW 14 Velusamy and Thalaiyari Shanmugavel and companyfession was recorded.
However, the companyviction and companysequential sentences imposed for offence punishable under Section 341 IPC was set aside.
Learned companynsel for the respondent on the other hand supported the judgment of the trial Court as affirmed by the High Court.
The occurrence was seen by Saroja PW2 , Shanmugam PW 3 and PW4 Lakshmi.
On 4 5 1998 accused Abuthakir was produced under PT warrant and brought to Madurai and Police Custody was taken from 26 5 1998 to 30 5 1998 for four days and he has given a companyfession before the Village Administrative Officer, Sethu Ramasamy PW9 and Thalaiyari Gancsh.
The usual investigation proceeded without much progress on the identity of culprits.
PW3 has stated that 4 years before at about 3 P.M., when he was proceeding on the west to east by his bicycle to Arsaradi in front of the Jail main gate, he found a sugar cane juice vehicle and he was taking a sugar cane juice.
The requisition given under EX 14 to Judicial Magistrate No.
MOs I to 4 were recovered from PW 10 Mayavan, who is a lodge clerk and cashier.
Twenty two witnesses were examined, 39 documents were exhibited and 25 material objects were marked.
MOs 19 to 24 were recovered in the presence of PW 20 and witnesses were examined and evidences were recorded.
The trial Court held that the prosecution had established the accusations and accordingly companyvicted and sentenced them.
Subsequently she has visited the place of occurrence and preferred observation mahazar in the presence of Alamarathan PW 6 and Pandi EXP 29 is a observation mahazar and ExP28 a rough sketch was prepared.
The accused was taken to his office and was instructed to companycede for body search.
VI, Madurai for companyparison of the signature of the A 1 A2 to hand writing Expert Murali PW 11 , Bakhyam Hotel Cash receipt No.2590 dated 29 8 1997 and the English Signature of David was marked as Ql.
Dr. Maiyazagan has suggested that all the injuries together would cause death and the rest of injuries, though it is simple would cause death in future.
Background facts in a nutshell are as follows Balan Alagiri PW 5 was working as a Superintendent of Madurai Central Prison during the period May 1996 to October 1998.
And injuries 2, 3 and 6 can cause death in natural companyrse.
Identification of the accused by PWs 3 and 4 was number established.
Some members of an association also made an agitation before the District Collector, and affixed wall posters.
Sahul Hameed also reported the matter against the Jayaprakash to his superior officers and gave a statement also.
The injuries were inflicted by a sharp edged weapon like Aruval and deep injury would cause by one side sharped weapon and issued a post mortem certificate EX.P. 16.
While the Sub Inspector has crossed the sugar cane vehicle the person has taken the Aruval from his blue companyour jeans bag and assaulted him on his neck and he has resisted by his left arm and also a cut injury and he has fallen down.
This case relates to an incident on 29.8.1997 around 3 p.m. near the central jail.
Whenever the relatives visit the jail, the Assistant Jailor Jayaprakash used to verify the things as per rules and regulations.
The said letter was received by PW5 and handed over to Superior Officer for further proceedings.
Shannlugam PW 3 is a mason, Lakshmi PW 4 is doing Textile business.
P.7 the Hotel Service occupance Register from 17 9 1997 to 27 9 1997 MOI.
The association members of Sahul Hameed also wrote a letter informing to identify the person who has caused annoyance to him and we will teach him a lesson.
Saroja PW 2 is a Sugarcane vendor in front of Madurai Prison.
At that time a person wearing jail Sub Inspector Uniform, was riding a bicycle near to Sugarcane vehicle two Yamaha vehicles were parked.
On 24.6.1998 he was sent to Judicial Custody.
The requisition was given to the Manager, Tele Communication, Trichy for seeking the Computer printout for the periods 18 8 1997 to 15 10 1997 regarding the companymunication to telephone No.705564 and on 17 7 1998 the accused Jafru was remanded to Judicial Custody.
The said Jayaprakash tried to remove the shirts.
The intimation was given to PW 20.
On their instructions PW 1 has preferred a companyplaint to the Karimedu P.S. The Inspector of Karimadu P.S, Mary George PW 21 has received the companyplaint EXP1 and preferred an F.I.R. EXP 27 and sent to Magistrate and other officers.
Hotel receipt No.2589 dated 29 8 1997 the Carban Signature of K. Kumar is Q2 and Carbon signature of David in the lodge attendance register dated 27 8 1997 at Page 564 is Q3.
The letter sent to Sahul Hameed is Ex.
An inquest was companyducted in the presence of Panchayathar and inquest report was prepared and dead body was sent through David Shamuvel PW 19 for Post mortem.
He was examined and companyfession was recorded in the presence of Village Administrative Officer Kamaraj PW5 and Thalaiyari Mohan.
During that period Krishnan PW7 , Chokkalingam PW20 were also working on 30/05/1997.
On the basis of an admitted portion of Ex.
Dr. Maiyazagan PW 12 has started post mortem on 30 8 1997 at 10.10 a.m. On receipt of the requisition which is ExP 15 from the Inspector PW 21 , he found 21 injuries and the first injury would be the cause of death.
On seeing their photographs the two witnesses i.e. PW3 and PW4 gave statements to police that they witnessed the murder and appellants are the assailants.
P2 series.
Immediately he rushed to the spot and found that the Assistant Jailor Jayaprakash was found dead and he has given intimation to his officers.
The C.B.C.I.D. Police of the State took up further investigation.
But he declined to do so.
Accused Jafru was produced under PT warrant on 16.7.1998 and police custody was ordered from 16.7.1998 to 18 7 1998 on an application.
While the big break through of the case is the Crime No.741/1998 of Kodambakkam Police Station The first appellant was arrested in that crime registered under Sections 120 b , 307 IPC.
Even they companyld number get any clue immediately.
His interrogation disclosed the involvement of all the appellants and the other absconding accused in this case.
According to the first report and the preliminary investigation of police, three or four unidentified persons came on motor cycles and attacked the deceased with sickles and knives and having killed him fled away.
As accused persons pleaded innocence, trial was held.
On the basis of an admitted portion of Ex.
111 from 2 1 8 1997 to 24 5 1998 maintenance register M04 were recovered under EX.P 8.
During the companyrse of investigation by the Inspector of CBCID, Sundaram PW 22 on the basis of statement given by Ist accused Abuthahir in companynection with Kodambakkam Cr.
