The judgment establishes the importance of circumstantial evidence, corroborative pieces of evidence, and confessional statements in establishing guilt under the relevant sections of the Indian Penal Code.

M. Chockalingam, J.

This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.III, Chennai, made in S.C.No.144 of 2009 whereby the appellants herein stood charged along with A-3 under Sections 302 read with 34 and 382 read with 34 of IPC, tried, found guilty under Sections 302 read with 34 and 382 read with 109 of IPC and awarded life imprisonment along with a fine of Rs.10000/- and default sentence and five years Rigorous Imprisonment along with a fine of Rs.10000/- and default sentence respectively while the trial Court recorded an order of acquittal of A-3.

2. Short facts necessary for the disposal of this appeal can be stated as follows:

(a) The deceased Rambabu was a native of Uttar Pradesh. He settled at Madras and was residing in Door No.10, Vadaku Kasa Thottam Street, Aminjikarai, as a tenant under P.W.1. He was doing pani poori business employing 10 persons. A-1 was a relative of the deceased and also doing the same pani poori business. A-2 is the son of A-1. A-3 is a native of Madhya Pradesh. He was brought to Chennai by the deceased as a servant for helping him in his business. A-3 was also residing in the same residence of the deceased. The split up accused Jaisingh was a partner of Rambabu with whom he was carrying on pani poori business at Karnataka. The relationship of the deceased and Jaisingh was strained in their business, and he was demanding money to which course Rambabu was not amenable. Then Jaisingh came over to Tamil Nadu and was making demand; but Rambabu was not ready to make payment. Thereafter Jaisingh sought the help of A-1 to make a demand and if not paid, told him to do Rambabu away with.

(b) On 8.5.2007 between 2.15 and 2.30 P.M., A-1 and A-2 went to the place of Rambabu, and on seeing A-1, he took him inside. Thereafter, Rambabu asked A-3 to go and get cigarette for him. He went outside. Then A-1 demanded money on behalf of Jaisingh, but Rambabu refused. There was a quarrel following which A-3 came back when he found A-1 and A-2 threatening him. He wanted to pacify the situation. At about 3.00 P.M., when the demand was made, it was refused following which A-2 was sitting on the lap of Rambabu, while A-1 and A-3 took a pillow and it was actually pressed on his face and they caused smothering. Thereafter, A-1 and Jaisingh also attacked him with knives. This was actually witnessed by A-3. Immediately, they informed to A-3 that if he reveals to anybody, he would also meet the dire consequences. Immediately A-2 and A-3 left the place of occurrence. A-1 met P.W.1 and informed that Rambabu was found in a pool of blood. Then P.W.1 proceeded to the respondent police station where he gave a complaint Ex.P1, to P.W.17, the Inspector of Police. On the strength of Ex.P1, the report, a case came to be registered in Crime No.257 of 2007 under Sections 302 IPC and 382 read with 34 of IPC. The printed FIR, Ex.P26, was despatched to the Court.

(c) P.W.17 took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and also a rough sketch, Ex.P27. Then, he recovered M.Os.1 to 8 in the presence of P.Ws.1 and 2. He examined the witnesses and recorded their statements. P.W.5, the photographer, was asked to take photographs which were actually taken. Then inquest was conducted by the Investigating Officer on the dead body in the presence of witnesses and panchayatdars, and an inquest report, Ex.P28 was prepared. The dead body was sent to the Government Hospital for the purpose of autopsy.

(d) P.W.13, the Tutor, Department of Forensic Medicine, Government Kilpauk Medical College, on receipt of the requisition conducted autopsy on the dead body of Rambabu and has given his opinion in Ex.P20, the postmortem certificate, that the deceased would appear to have died of shock and haemorrhage due to multiple stab wounds.

(e) Pending investigation, A-3 was arrested on 23.8.2007. He was produced before P.W.11, the Judicial Magistrat