IMPORTANT POINT
Circumstantial evidence must form a complete chain excluding reasonable doubt, and extra-judicial confessions require corroboration but can suffice for conviction if credible.

JUDGMENT :

(Raja Vijayaraghavan, J.)

The appellant is the accused in S.C. No. 303 of 2016, on the file of the Additional District and Sessions Judge, Pala. In the said case, he was indicted for having committed offences punishable under Sections 302 and 201 of the Indian Penal Code . By the impugned judgment, he was found guilty and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,00,000/-, with a default clause, for the offence punishable under Section 302 of the IPC . He was also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/-, with a default clause for the offence under Section 201 of the IPC . The substantive sentences were ordered to run concurrently.

2. The deceased, Ramar, was a stone cutter by profession. He, along with his father Alakar Swami (PW8), Easki (PW6), the brother of the deceased, and the appellant, worked under a contractor named Sidique (PW1) and they all worked in the property of one Murali (PW2). All of them resided in a rented house owned by one Sasi, which was provided for housing the employees. According to the prosecution, on 24.01.2016, PWs 6 and 8 left for their native place in Tamil Nadu at 12 noon and after that the deceased and the appellant were together. As per the charge, at approximately 8:00 p.m., the appellant, allegedly under the influence of alcohol, attacked the deceased with a wooden stump and delivered a blow to his head. When the wooden stump broke into two pieces, the appellant took firewood from the kitchen fireplace and struck the deceased on the head again. It is further alleged that the injured Ramar was then pushed into a small chamber beneath the fireplace behind the kitchen and the appellant covered him with clothes and then set him on fire. Ramar’s body was completely charred and rendered unidentifiable.

3. The prosecution alleged that in pursuance to the commission of the offence as aforesaid, the appellant allegedly fled to his native place. On 25.01.2016, at around 11:00 p.m., he reached his home in Tamil Nadu and met his wife, Mariammal (PW7). The prosecution contends that the appellant confessed to the crime before his wife and at that time, Pandiyammal (PW9), the wife of the deceased, was also present. The appellant is alleged to have confessed the crime before PW9 and begged for forgiveness. Pandiyammal immediately informed Narasingam (PW10), her father. Both PW9 and PW10 proceeded to the Othakkada Police Station, where they reported the incident to S.Thanka Durai (PW30). Subsequently, the appellant was summoned to the Police Station, and the Kerala Police were intimated.

4. PW1 (Sidique), the contractor, visited the house where his employees were staying and found an unidentifiable charred body of a human being at 6:00 p.m. on 25.01.2016 lying at the back of the house. He rushed to the Ramapuram Police Station and lodged information based on which Crime No.82 of 2016 was registered under Section 174 of the Cr.PC.

5. The investigation was subsequently taken over by PW32, the Circle Inspector of Police, Ramapuram Police Station. He conducted an inquest over the dead body (Ext.P6) and, with the assistance of forensic experts, collected scientific evidence from the crime scene. The materials gathered by the Scientific Assistant were seized and forwarded to the Court.

6. On 27.01.2016, at 3:00 p.m., the appellant was arrested as per Ext.P21 Arrest Memo. Based on Ext.P4(a) confessional statement, MO2 Wooden Stump was seized in the presence of witnesses. MO3 (lungi) allegedly worn by the appellant at the time of occurrence was seized as per Ext.P5 Mahazar.

7. Autopsy of the charred dead body was conducted by PW23. To establish the identity of the deceased, the femur bone was handed over by the doctor who conducted the autopsy. The same was forwarded for DNA analysis to PW20 along with the blood sample of Alakar Swami for comparison. The DNA analysis confirmed the dead body was that of Ramar. Upon completion