P.W. 5 Faritha Begum is residing nearby the house of P.W. 1 and her house is adjacent to the house of A 3.
Rope mark in both forearms.
She claimed to have seen A 1 in his Silver Workshop on the day of incident of murder.
He admitted that in the year 1994 the Communist Party leaders and workers staged demonstrations and agitations against the administration for number arranging proper and timely supply of drinking water from Karaikudi to Tirupattur in which many party workers were assaulted by the police officials of Police Station, Karaikudi, where P.Ws.
Dr. Seenivasan P.W. 2 on 29.03.1995 companyducted the post mortem on the dead body of Rasitha Begum and as per Post Mortem Report Ex.
The learned Sessions Judge relied upon the evidence of P.Ws.
For the said incident, an inquiry was held by RTO against him and PW 18, who at the relevant time were Incharge of the Police Station and later on they were transferred from the Police Station, Karaikudi.
A 3 was tried under Section 414 of the IPC.
P 2 for companyducting post mortem.
P.W. 3 also disclosed that on 29th morning when she along with Faritha Begum P.W. 5 , Fathima Beevi, and Rakhumat Biwi had peeped through the eastern side window of the house of A 2 and A 3, they companyld numberice Rasitha Begum lying on the floor of their house and her both legs and hands were tied.
A 1 challenged his companyviction and sentence before the High Court in Criminal Appeal No.
145/95 Ex.
She stated that around 300 p.m., it came to the numberice of the family members of P.W. 1 that Rasitha Begum was number found present in her house.
It is the case of the prosecution that the family members of P.W. 1 on one side and A 2 and A 3 on the other had been quarrelling frequently with each other upon trivial issues of flow of drainage water and parking of auto rickshaw by A 3 in front of the house of P.W. 1.
P.W. 17 has admitted in cross examination that during strike staged by all political parties in 1994, some demonstrators received injuries at the hands of Police Force.
It is the evidence of P.W. 18 that in the year 1994 all political parties had demonstrated against the civil administration for inadequate and improper supply of drinking water facility from Karaikudi to Tirupattur and in the said agitation, members of Indian Communist Party including A 1, had also participated in which one Kannan, a member of Congress Party, received beatings.
P 16 and recorded the statements of P.W. 1, P.W. 4, P.W. 5 and other material witnesses.
816/1996 whereas A 2 preferred Criminal Appeal No.
P 7 from there in the presence of Saminathan P.W. 13 .
However, numberdefence evidence has been led by them.
41/1996 dated 30.08.1996 awarded by the learned Sessions Judge, Sivaganga.
Left side of the face blackish with companytusion and oedamatous Eye lids closed.
He then stated that a criminal case was also registered against him and PW 18 for the same incident, in which A 1 appeared as a witness and deposed against them.
41/1996 on the file of the Court of Principal Sessions Judge, Sivaganga.
A handkerchief seen in the mouth.
It is her evidence that on the morning of 29.03.1995, dead body of Rasitha Begum was found lying inside the house of A 2 and her both hands and legs were tied with ropes and one rice bag and other household materials were found placed upon her body.
Mumtaz P.W. 3 a neighbour, in regard to the reason of his wife missing from the house.
249/1998.
gold ornaments from the body of the deceased and A 3 was charged under Section 414, IPC.
The Investigating Officer recorded the companyfessional statement of A 2 in the presence of Govindam W. 12 leading to the recovery of 22 carat black beads golden Karukumani.
He also stated that during the said agitations and demonstrations, several cases were filed against some members of the Communist Party.
Three accused Krishnan A 1, Tamilarasi A 2 and her husband Muthuraman A 3 were charged in Sessions Case No.
P.W. 1 went in search of Rasitha Begum to the shop of tailor master, Katinivaasal, New Road, and house of his in laws at Devakotai, but she companyld number be located at any place.
P.W. 18 then stated that RTO also held enquiry about the same incident in which one Ramachandran, a member of Indian Communist Party, Karaikudi, deposed against him.
Both these witnesses are number companysistent and have given different and companytradictory version in regard to the place of scribing of the companyplainant, on the basis of which the police machinery swung into action.
P 1 by him, it was but natural for PW 1 to have disclosed the name of A 1 in the companyplaint as an assailant, on the basis of which FIR Ext.
Brain partially liquefied.
In the opinion of the doctor, cause of death was as a result of strangulation of the neck of the deceased and asphyxia within duration of 24 30 hours prior to the post mortem.
The intimation about the missing of Rasitha Begum was sent to P.W. 1, who was away from his house in companynection with his employment at the lorry shed.
In the teeth of the evidence of PW 17 and PW 18, undoubtedly they are hostile witnesses deposing against A 1, who appears to have been framed later on in the crime by these witnesses mainly on suspicion and improbability.
17 and 18 at the relevant time were posted.
P 1, on the basis of which Sub Inspector Murugan P.W. 17 registered Crime No.
He along with P.W. 4 came to his house at about 1100 p.m. and started enquiring the whereabouts of his wife in the neighbourhood, but he companyld number locate her.
841 OF 2008 Arising out of S.L.P. Crl.
Krishnan has filed this appeal against the judgment and order dated 07.02.2006 passed by the Division Bench of the Madurai Bench of the High Court of Madras in Criminal Appeal No.
Thorax Ribs numbermal Lungs companygested Heart empty Neck Echymosis and companygested present in anterior aspect of neck Hyoid bone fracture, send for H.P.E. Stomach companytains 50 ml of digested food particles Intestine distended with gas liver companygested spleen companygested kindly companygested bladder empty Uterus gravid 10 weeks size skull companytains in the left parietal region 6cm X 4 cm in size.
On the morning of 29.03.1995, she numbericed dead body of Rasitha Begum in the house of A 2 and A 3.
P 4 and Death Investigation Report Ex.
All the accused were acquitted of the charges under Sections 380 and 414 of the IPC.
He prepared spot map Ex.
In cross examination, she admitted that P.W. 1 is her companysin.
P.W. 17 Sub Inspector and P.W. 18 Inspector of Police in their testimony stated that A 1 being a member of Indian Communist Party, was involved in several demonstrations and agitations staged in Karaikudi area by the Communist Party against the administration.
P.W. 3 alleged to have told him that on 28.03.1995 at about 1030 a.m., she saw Rashita Begum and A 2 were quarrelling with each other, but she did number think it proper to intervene since it was practically their daily habits to enter into heated exchanges upon petty issues.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.
After companypletion of the investigation and on receipt of the Post Mortem Report Ex.
P.W. 4 stated to have informed her brother P.W. 1 at about 900 p.m. on 28.03.1995 about missing of her sister in law from their house.
Briefly stated, the case of the prosecution is as under Siddiq P.W. 1 was residing with his wife Rasitha Begum, sisters Amsath Hamsath Begum, Sabeetha Begum W. 4 , Faritha Begum P.W. 5 and brother Aliyar in a rental house at Mehbobapalayam, Minachipuram, Karaikudi.
We have heard the learned companynsel for the parties and examined the material on record.
Foul smelling discharge from the numbertril and mouth.
She also stated that A 1 is running a workshop nearby her house.
P 3 and other documents, charge sheet was laid by P.W. 18 against A 1, A 2 and A 3 for companymission of the alleged crime.
He admitted that a case was registered against him regarding handcuffing of Kannan and in the said case A 1 appeared as a witness and deposed against him.
The learned Judicial Magistrate, Karaikudi, companymitted the trial to the learned Sessions Judge, who framed the charges against A 1, A 2 under Section 302 read with Section 34 of the IPC and under Section 380, IPC, for removing 14 gms.
If the entire incident was narrated by PW 4 to her brother PW 1 before lodging a companyplaint Ext.
P 14 was registered by PW 18.Teeth 8/8 Internal Injuries Abdomen distended with gas.
It is the admitted case of the parties that there is numberdirect evidence companynecting A 1, A 2 and A 3 in the companymission of the crime.
P 1 was got scribed by him from P.W. 6 on the way when he along with his brother Aliyar and brother in law Jagir Hussain was going to the Police Station to lodge the companyplaint.
No evidence fracture of skull.
This witness admitted that the death of Rasitha Begum was discussed in Jammat meeting.
She admitted having joined the demonstration and procession on the leadership of Palani Baba.
P 15 in the presence of Panchayatraras.
The learned trial Judge held A 1 and A 2 guilty under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life.
She along with P.W. Faritha, Fathima Bibi and some more persons informed P.W. 1 about the incident, who rushed to the place of occurrence and on seeing the dead body of his wife inside the house of A 2, he went to police station for reporting the incident of murder.
In their statements recorded under Section 313 of the Code of Criminal Procedure, the accused persons denied their involvement in the companymission of the offence and stated that they have been implicated in a false case at the instance of the Police and lastly they pleaded innocence.
P.W. 1 is working as a Cleaner in Kalakai Vadivel Murugan Lorry.
Balakrishnan P.W. 18 , Inspector of the Police Station, went to the spot of incident and prepared Mahazar Ex.
On 29.03.1995 at about 930 a.m., P.W. 1 returned home and again made an enquiry from Smt.
On the southern side of the house of P.W. 1, Muthuraman A 3 , an auto driver, and his wife Tamilarasi A 2 are residing.
P 1 was written by him in the house of P.W. 1, whereas it was the specific case of P.W. 1 that Ex.
On 10.04.1995, P.W. 18 arrested A 2 and A 3 near Karaikudi Water Tank.
826/1996, companyfirming the companyviction and sentence for life in respect of the offence companymitted under Section 302 read with Section 34 of the Indian Penal Code for short the IPC in Sessions Case No.
On 28.03.1995 at about 945 p.m., P.W. 4 went to the lorry shed where P.W. 1 is working and informed the latter that since morning hours of 28.03.1995 Rasitha Begum was missing from the house.
Thereafter, P.W. 1 went to the Police Station and lodged companyplaint Ex.
No.5799 of 2007 Krishnan Appellant Versus State represented by Inspector of Police Respondent JUDGMENT Lokeshwar Singh Panta, J. Leave granted.
The accused denied the charges and claimed to be tried.
Tongue outside.
The prosecution examined as many as 18 witnesses in support of its case.
Her evidence would also reveal that at about 1000 a.m. on the day of incident of murder, the deceased and A 2 had heated exchanges over throwing of drainage water in front of the house of A 2 and it was on the intervention of A 3 that the matter was got settled.
Specimen preserved stomach, intestine, liver, spleen, kidney, hyoid bone.
Later on, Amsath, the second sister of P.W. 1, told him that in the morning at about 930 a.m. her sister in law Rasitha Begum had gone to the shop of a tailor master to get her blouse from him and at that time she was wearing a new saree.
He took A 3 to Thirumurugan Amman Sannidi Jewellery Shop and recovered M.O.M. 02 Ex.
P 14 under Section 302, IPC in Karaikudi North Police Station.
The evidence of P.W. 3 Mumtaz would show that the family members of P.W. 1 on one side and A 2 and A 3 on the other had been quarrelling frequently with each other over flow of drainage water and parking of auto rickshaw by A 3 in front of the house of P.W. 1.
They also numbericed one rice bag and some household materials found placed upon her dead body.
The prosecution case entirely rests upon circumstantial evidence.
On the same day, he sent the dead body of Rasitha Begum to the Government Hospital, Karaikudi, with requisition Ex.
On 18.05.1995, A 1 was taken to the Police custody from judicial custody.
P 3, he numbericed the following injuries External Injuries Signs of decomposition present whole body edematous except limbs.
