IMPORTANT POINT
Extrajudicial confessions, if voluntary and corroborated by circumstantial evidence, can support a conviction for murder.

JUDGMENT :

Raja Vijayaraghavan, J.

This appeal has been preferred challenging the finding of guilt, conviction, and sentence passed by the Special Judge for the Trial of Offences against Women and Children, Thalassery, in S.C.No. 591 of 2009. In the above case, the appellant herein was indicted for having committed offences punishable under Sections 302, 201 of the IPC.

2. Short facts:

a) The appellant herein and his wife, Sindhu, were residing in House No. VIII/46 of Cherupuzha Panchayat for about 2 years prior to 28.7.2008, on which day, the incident which led to the death of Sindhu had taken place. Sindhu, in fact, was married to another man and she had two children in the said marriage. However, she got acquainted with the appellant and started residing with him after getting their marriage solemnised in a temple. The appellant was a mason by profession and Sindhu used to function as the Secretary of the Kudumbasree of the local unit.

b) PWs 1 to 3 are nearby residents. PW1, a person by name Somanathan, was originally a resident of Ponkunnam, Kottayam, the same place where the appellant also hails from. Their acquaintance date back to the period when they used to reside at Ponkunnam. PW2-Varghese @ Varkey is a marriage broker. He is residing about 20 meters away from the house of the appellant. As he did not have an electric supply in his house, he used to go to the house of the appellant to charge his mobile phone. The wife of PW2 was having acquaintance with Sindhu. PW3-Rajan, on the other hand, is a Panchayat member and the Branch Secretary of the CPI(M). He was also having acquaintance with the appellant.

c) The prosecution case is that on 29.7.2008 since Sindhu was not to be seen on that day, at about 5.30 p.m., the wife of Varghese asked him to enquire about the whereabouts of Sindhu to the appellant. Heeding her request, Varghese went to the house of the appellant and he was found standing outside. When he asked about Sindhu, the appellant gave vague answers. When Varghese insisted, the appellant responded by saying that if the presence of Somanathan is secured, he shall disclose everything. The appellant himself is alleged to have called PW1 using his mobile phone. When Somanathan came, the appellant told him that Sindhu had hanged herself to death and he pointed to the inside of his house. On hearing what the appellant said, Somanathan and Varghese decided to secure the presence of Rajan, who is a social worker. Some of them entered the house and found three cloth bags in the inside room and blood was found dripping from the same. They came out and enquired with the accused and then he is alleged to have made an extra-judicial confession to the effect that he had strangulated Sindhu using a cable wire and thereafter, cut her into pieces. On hearing the same, PW3 immediately called the Police Station, Peringom, and based on the information furnished by PW1, Crime No. 247 of 2008 was registered.

3. Investigation:

PW19, the Circle Inspector of Payyannur, took over the investigation at 8:30 a.m. on 30.7.2008. He conducted the inquest. The accused who was being kept under surveillance at the Peringom Police Station was arrested at 2:00 p.m. on 30.7.2008. Based on the disclosure statement furnished by him, the cable, hacksaw blade, and a small sword were seized on the same day itself. He also identified the shop from where the accused purchased the hacksaw blade. After completing the investigation, the final report was laid before the Judicial Magistrate of the First Class, Payyannur.

4. Initial Proceedings:

After complying with the procedure, the Judicial First Class Magistrate, Payyannur committed the case to the Court of Sessions, Thalassery, which court made over the case to the Special Judge for the Trial of Offences Against Women and Children, Thalassery. After hearing both sides, the learned Sessions Judge framed charges under Sections 302 and 201 of the IPC. The accused pleaded not guilty to the charges and claimed to be