The main legal point established in the judgment is the requirement for corroborative evidence to support an extra-judicial confession and the need to address doubts regarding the authenticity of confessional statements and the recovery of incriminating evidence.

M.CHOCKALINGAM, J.

1. This judgment shall govern these two appeals in C.A.No.399/2010 by A-2 and C.A.No.425/2010 by A-4.

2. Challenge is made to a judgment of the Additional Sessions Division, Fast Track Court No.I, Salem, made in S.C.No.84 of 2008 whereby the appellants shown as A-2 and A-4 respectively, along with four others stood charged, tried and found guilty as hereunder:

ACCUSED CHARGES FINDING PUNISHMENT

A-1 to A-5 302 IPC Guilty Life imprisonment along with a fine of Rs.10000/- and default sentence A-1 to A-5 404 IPC Guilty 3 years Rigorous Imprisonment along with a fine of Rs.3000/- and default sentence A-6 404 r/w 109 IPC Guilty 3 years Rigorous Imprisonment along with a fine of Rs.3000/- and default sentence

A-1 to A-5

201 r/w 302 IPC

Guilty

7 years Rigorous Imprisonment along with a fine of Rs.7000/- and default sentence

3. Short facts necessary for the disposal of these appeals can be stated as follows:

(a) The deceased Mahaboob Basha was employed in a factory owned by P.W.6 where the steel parts are being manufactured. A-2 to A-6 were associates. On the date of occurrence i.e., 30.12.2006, all of them came to the shop, took the deceased outside and demanded money for taking liquor to which course he was not amenable. Following the same, A-1 took a broken bottle and stabbed him. A-3 caught hold of his legs and A2 also caught hold of the other parts of the body, and he was strangulated and stabbed to death. Immediately, they took the dead body and threw the same in a nearby lake and fled away from the place of occurrence.

(b) On 31.12.2006 morning hours, the Assistant of P.W.1, the Village Administrative Officer (VAO), found a dead body in the lake and informed to P.W.1. On receiving the said information, P.W.1 proceeded to the place after verifying the fact, and then proceeded to the respondent police station and gave Ex.P1, the report, on the strength of which, a case came to be registered by P.W.10, the Sub Inspector of Police, in Crime No.2003/2006 under Sec.174 of Cr.P.C. The printed FIR, Ex.P8, was despatched to the Court.

(c) On receipt of the copy of the FIR, P.W.12, the Inspector of Police of that Circle, took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and also a rough sketch, Ex.P11. Thereafter, the dead body was sent to the Government Hospital for the purpose of postmortem.

(d) P.W.11, the Tutor in Department of Forensic Medicine, Government M.K.M. College and Hospital, Salem, on receipt of the requisition, conducted autopsy on the dead body of Mahaboob Basha, issued a postmortem certificate, Ex.P10, and reserved his opinion. Thereafter, he gave a final opinion on 24.1.2007, under Ex.P19 that the deceased would appear to have died of shock and haemorrhage due to head injuries sustained.

(e) On receipt of the postmortem certificate, the case which was originally registered under Sec.174 Cr.P.C., was converted to Sec.302 of IPC on 8.1.2007. The amended FIR, Ex.P13, was sent to the Court. Thereafter, the further investigation was proceeded with.

(f) Pending the investigation, A-4 appeared before P.W.1, the VAO, on 9.1.2007, at about 7.30 A.M. and gave an extra-judicial confession. The same was recorded by P.W.1. He took A-4 along with his report, Ex.P3, and produced before the Investigator at about 9.00 A.M. At that time, A-4 also gave a confessional statement to the Investigator, which was also recorded. The admissible part is marked as Ex.P17. Pursuant to the same, A-4 produced M.O.6, cycle, which was recovered under a cover of mahazar. The Investigator came to know about the involvement of the other accused. A-5 and A-6 were arrested on 9.1.2007. They came forward to give confessional statements which were recorded. Pursuant to the same, A-6 produced the cycle spare parts, M.O.5, which was recovered under a cover of mahazar. They were all sent for judicial remand.

(g) The Investigator came to know that A-1 to A-3 were in M