The appellant, who figured as accused No.2 in S.C.No.164/2001 on the file of the Additional Sessions Judge cum Chief Judicial Magistrate, Thiruvannamalai was prosecuted along with two other persons, namely Saravanan (A1) and Palani (A3) for alleged offences punishable under Sections 364, 382, 302 and 468 IPC. At the conclusion of trial, the trial court found A1 and A3 not guilty of any one of the offences with which they stood charged and acquitted them completely. However, the trial court found the appellant (A2) guilty of an offence punishable under Section 411 IPC, a lesser offence than the one under section 382 IPC with which he stood charged as per charge No.1 and of an offence punishable under section 468 IPC for which he stood charged as per charge No.3 and sentenced him to undergo rigorous imprisonment for two years for the offence under Section 411 IPC and rigorous imprisonment for five years and to pay a fine of Rs.30,000/-for the offence under Section 468 IPC with a default sentence of one year rigorous imprisonment in case of default in payment of fine. The learned trial judge also directed collection of the fine amount and payment of the same to P.W.1 as compensation under Section 357(1)(b) of Cr.P.C. Challenging the conviction and sentence, the appellant (A2) has come forward with the present appeal under Section 374 Cr.P.C on various grounds set out in the appeal petition.

2. The case of the prosecution, in brief, is as follows:-

i) The deceased Sivasamy, husband of P.W.1 was a taxi driver by profession. He had been issued a driving license under Ex.P3. At the relevant point of time late Sivasamy was functioning as the driver of an Ambassador car (taxi) belonging to P.W.2-Varadhavelu bearing Regn.No.TSL 9357. The said Sivasamy, who left his home on 07.08.1997 in connection with his job as taxi driver, did not return thereafter. Having waited in vain for about five days in the hope that he would return, his wife Muthulakshmi (P.W.1) lodged a complaint, marked as Ex.P1, on the file of Arani Town Police Station on 13.08.1997. P.W.29-Gopal, the then Sub-Inspector of Police attached to the said police station, received the said complaint and registered a case in Cr.No.300/1997 as a man missing case, for which Ex.P2-First Information Report was prepared by him. P.W.2, the employer of deceased Sivasamy had already lodged a complaint on 11.08.1997 under Ex.P4 on the file of Arani Town Police Station informing the police that his car along with the driver was missing. The said complaint was received in the police station on 11.08.1997 at about 20.30 Hours. The police, without registering a First Information Report based on the said complaint of P.W.2, assigned it C.S.R.No.177/1997.

ii) Meanwhile, on 08.08.1997 at about 11.00 a.m P.W.12-Tamilnesan, the then Village Administrative Officer of Manjavadi village, received an information that a dead body of a male was found near the field of one Muthusamy on the east of Arani-Harur-Salem Road in between Kombur and Vellaiappan temple. On receipt of such an information, he rushed to the spot with his village menial, saw the dead body and then lodged a written complaint under Ex.P7 on the very same day at about 14.00 Hours on the file of Pappireddipatti Police Station. P.W.25-Ramasamy, a Head Constable attached to the said police station, registered a case in Cr.No.466/1997 under Section 174 Cr.P.C based on the said complaint of the Village Administrative Officer. Ex.P8 is the First Information Report prepared by him for the said purpose. P.W.19-Abdul Jaffar, the then Inspector of Police, Pappireddipatti Police Station took up the said case for investigation, visited the scene of occurrence and prepared Ex.P9-Observation Mahazar and Ex.P30-Rough sketch in the presence of P.W.12-Village Administrative Officer and one Krishnan, village menial. He also conducted inquest over the dead body and prepared Ex.P31-Inquest Report. Thereafter, the dead body was sent to the Govern