The main legal point established in the judgment is the reliance on circumstantial evidence to prove guilt beyond reasonable doubt in a murder case.

M. Chockalingam, J.

This judgment shall govern these two appeals, namely, Crl.Appeal No.639 of 2009 at the instance of A-1 and A-2 and Crl.Appeal No.688 of 2009 at the instance of A-3.

2. Both the appeals challenge a judgment of the Additional Sessions Division (Fast Track Court No.II), Salem, made in S.C.No.21 of 2009, whereby the appellants as A-1 to A-3 stood charged, tried and found guilty as follows:

The sentences imposed on the respective accused were ordered to run concurrently.

3. Short facts necessary for the disposal of both the appeals can be stated thus:

(a) P.W.1 is a resident of Senai Nagar, Veeranam. On 17.02.2008 at about 7.00 AM, he went to his farm house for irrigating his lands and he found a white colour gunny bag floating in the well. Entertaining suspicion, immediately, he went to Veeranam Police Station and lodged Ex.P-1 complaint.

(b) P.W.20, the Sub Inspector of Police, who was on duty at that time, on the strength of Ex.P-1, registered a case in Crime No.88 of 2008 under sections 302 and 201 IPC. Printed first information report Ex.P-21 was despatched to the Court.

(c) On receipt of the copy of the said first information report, P.W.26, the Circle Inspector of Police of Mallur, who was in additional charge, took up investigation, proceeded to the spot, prepared an observation mahazar Ex.P-2 and rough sketch Ex.P-27. The gunny bag was taken out and there was a dead body of a male, aged about 25, with his hands tied behind. P.Ws.2 and 3, who were the close neighbours of the same place were called and they witnessed the observation made by the investigation officer. Then, on intimation, P.W.6, the father of the first deceased, namely, Murali @ John Bosco, came over there and identified the dead body. P.W.7 is the wife of P.W.6 and P.W.8 is the brother-in-law of P.W.6. The investigator examined the witnesses and recorded their statements.

(d) P.W.8 was running a travel agency, in which the said John Bosco was employed as a driver. On 14.02.2008, he took Martuti van bearing registration No.TN-30-L-2869, which was belonging to P.W.8, stating that he has to drop a friend at Salam. When he started from there, he took the second deceased, namely, Madhan also, but he did not return for two days. Hence, P.W.8 was compelled to give a complaint to Yercaud Police Station on 16.02.2008 at about 1.00 PM and the said complaint is marked as Ex.P-4.

(e) On the strength of Ex.P-4, P.W.20, the Sub-Inspector of Police, registered a case in Crime No.41 of 2008 for ‘man missing’. Printed first information report is marked as Ex.P-22 and the investigation was going on. Pending investigation, they came to know that a dead body was found within the jurisdiction of Veeranam Police Station. Then, P.Ws.6 to 8 and others went to the place and identified the dead body of Murali @ Johan Bosco.

(f) P.W.26, pending investigation, conducted inquest on the dead body of John Bosco in the presence of witnesses and panchayatdars and prepared Ex.P-31, the inquest report. P.W.8 gave Ex.P-25 bill to P.W.26, under which a Nokia cell phone was purchased. He also further informed that it was entrusted to John Bosco. P.W.26, on receipt of Ex.P-25 sent the letter to the Manager, Airtel, Salem, mentioning the Nokias cell IMAI number, seeking call details with cell phone number and tower location for which P.W.25 sent Ex.P-26 call data records, which would clearly indicate that the user of the cell phone was one Sivasakaran and on seeing the address, P.W.26 went to the house of Sivasankaran (A-1) on 01.03.2008 and secured him and therefore, the investigation was taken up in that line.

(g) P.W.26 interrogated A-1 where he came forward to give a confessional statement admitting the crime and the admissible part of the confessional statement of A-1 was marked as Ex.P-7. Then, he has also given the details of the involvement of A-2 and A

3. Pursuant to the confessional statement, A-1 produced M.O.21 cell phone and M.O.20, rope which is attache