The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benefit of doubt.

JUDGMENT :

Raja Vijayaraghavan, J.

These appeals have been preferred by the appellants, who are the accused in S.C.No. 648 of 2012 on the file of the Additional Sessions Court-II, Alappuzha. They have been found guilty by the learned Sessions Judge for the offence under Sections 302 r/w. Section 34 of the INDIAN PENAL CODE , Section 120B of the IPC, and Section 201 r/w. Section 34 of the INDIAN PENAL CODE and have been sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/- each and in default to undergo rigorous imprisonment for 6 months each under Section 302 r/w. Section 34 of the IPC and Section 120B of the IPC. They have also been sentenced to imprisonment for a period of six years each and to pay a fine of Rs.10,000/- each and in default to undergo rigorous imprisonment for 3 months each for the offence under Section 201 r/w. Section 34 of the IPC.

2. Chronology of the events:

a) A young man by name Sreekanth @ Akku was found lying in a prone position on the sleepers parallel to the railway line at a place on the northern side of Pathiyoorkkala by Sasimohanan Pillai (PW1) at 7.30 a.m. on 8.6.2007. A white underwear and a red T-shirt were found on the body. The first informant was not aware of the identity or whereabouts of the deceased. He immediately rushed to the Police Station and lodged the FI Statement based on which Crime No.213 of 2007 was registered by the Sub Inspector of Police, Kareelakulangara Police Station (PW24) under Section 174 of the Cr.P.C. At 8.30 p.m. on the same day, he conducted the inquest over the dead body. The dead body was later identified as that of Akku. In the course of the inquest, the statement of the father of the deceased, Sri. Govinda Panicker (CW4), and Sri. Santhosh (PW4), a close friend and neighbour, were recorded by PW24.

b) The investigation was later taken over by PW25. The said Officer procured the presence of the fingerprint expert, the dog squad, and the Scientific Assistant. Certain items found at the scene of the crime were seized. The body was then forwarded to the Medical College Hospital, Alappuzha, for conducting the autopsy. A report was later forwarded to the Executive Magistrate deleting Section 174 of the Cr.P.C. and Section 302 of the IPC was incorporated. The investigation was then taken over by the Circle Inspector of Police, Kayamkulam (PW25). The Officer conducted a search in the house of suspected persons, which included the 1st accused. However, nothing incriminating was found.

c) Nothing eventful took place for about eight months. While so, on 19.2.2008, a motorbike bearing Reg. No. KL-29-4589 was found abandoned at the Thekkumaykal temple at Muthukulam and the same was seized Later, after about three months, on 13.5.2008, the accused Nos. 2 and 5 were arrested, and based on the alleged confessional statement given by the 5th accused while in custody, a mobile phone alleged to have been used by the deceased was seized on 14.5.2008 at 10.00 a.m. The 5th accused is also alleged to have disclosed to the investigating officer the place where the murder was committed. Later, based on the alleged confessional statement given by the 2nd accused, the dhoti, shirt, a coir rope, a pair of sandals, a piece of brick, and an alcohol bottle were seized at 12.30 p.m. on 14.5.2008.

d) On 21.8.2008, the accused Nos. 1, 3, and 4 surrendered before the Judicial Magistrate of the First Class, Ramankari. While they were in judicial custody, their custody was obtained from 3.30 p.m. on 26.8.2008 to 5 p.m. on 2.9.2008. Based on the disclosure statement given by the 4th accused, an ‘iron leaf’ a