IMPORTANT POINT
Orders of acquittal can be reversed if perverse.

ORDER

By this judgment we propose to dispose of Criminal Appeal Nos. 905-906 of 2007. The facts have been taken from Criminal Appeal No. 905 of 2007. They are as under:

1. Accused No. 1, Rathinam is the son of the owner of Sundaram Textiles Waste Cotton Mill, Madam Sundarammal, situated at Erumal Thottam, Chinnavedampatti. Ten persons were employed in the mill working in three shifts - the day shift from 7.00 a.m. to 4.00 p.m., the half night shift from 4.00 p.m. to midnight and the night shift from midnight to 7.00 a.m. on the next day. The deceased Chitra, PW 4 Ravi, PW 5 Andy, PW 6 Palanisamy, PW 14 Aruchami and a few other ladies were working in the mill as well. On 22nd December 1995 accused No. 4 Sundaram, his wife Kalamani and one Sivakami attended the day shift which was over by 3.30 p.m. whereafter PW's Ravi and Andy and some lady workers including Vadivu, Vijaya, Poongodi and Yasotha were to attend the half night shift from 4.00 p.m. to midnight. Of the four ladies referred to above, the first three were working in the Spinning Section of the mill. PW Ravi also reached the mill for his duty and while he was working on his machine in the Cording Section he was asked by Madam Sundarammal to look after the work as she was unwell and was leaving for the hospital alongwith her brother. It appears that there was an electricity breakdown between 6.13 p.m. and 7.19 p.m. and as several guests also came visiting, Madam Sundarammal did not go the hospital. PW Ravi also told her that he was going to buy coconuts and fruit for the pooja, as it was a Friday, and he was directed by her to get a packet of gold filter cigarettes for Rathinam as well. Ravi thereafter left for the shop belonging to PW7 and as he came to the spinning section of the mill, he met the deceased who was to work the night shift and told her that he was going out to buy coconuts and cigarettes. Ravi returned with the aforesaid articles and handed them alongwith the balance change to Madam Sundarammal. As he was entering the spinning section he noticed that a tiffin box and a bag belonging to the deceased were lying at the entrance and also heard her voice from inside the premises and accused No. 2 Dhanusu coming out from the building. Ravi thereupon enquired from Dhanusu as to what was happening on which he made a vague reply and advised him to go to his own section and to see that nobody came in that direction. Ravi went outside but returned after a short while as he was overtaken by curiosity and again entered the spinning section through a side gate and found Dhanusu standing near the wall and Rathinam pushing the deceased on to the floor and saying that she should not be afraid and not to worry as he was with her. On seeing all this Ravi returned to his own department but was soon called by Dhanusu and asked to assist in carrying the deceased to the bed room as she had become unconscious. He was later told that she was dead and was also threatened that if he revealed the facts to anybody, he would face dire consequences. Ravi was thereafter asked to get liquor, which he obtained from M.R. Wines and after consuming the same, accused Nos. 1, 2, 3 and 4 asked Ravi to wait near the spinning room whereafter the body was carried outside towards the road leading to Chinnavedampatty. Ravi was, however, advised to go inside and work on his machine. It also appears that PW Andy who was working in the mill at about 8.15 p.m. had also seen accused Nos. 1, 2 and 4 carrying the body towards the road. He, however, continued to work on his machine and after having completed his allotted work, and after taking Madam Sundarammal's permission, left for his residence. In the meanwhile accused No. 5 Krishnan also reached the mill premises at about 11.30 p.m. and saw that accused Nos. 1, 2 and 4 had returned to the mill. PW 11 Palanisamy too reached the mill premises at about 11.55 p.m. whereupon Ravi left for his residence and after having watched TV for sometime, went to sleep.