The quality of evidence, admissibility of extra-judicial confession, and the intention of the accused in causing the death are crucial factors in determining guilt under Sec.302 IPC.

(Judgment of the Court was delivered by M.CHOCKALINGAM, J.)

1. This appeal challenges a judgment of the Sessions Division, Nilgiris at Udhagamandalam, made in S.C.No.47 of 2008 whereby the appellants, three in number, stood charged under Sec.302 r/w 34 IPC, tried, found guilty as per the charge and awarded life imprisonment along with a fine of Rs.10000/- and default sentence.

2. Short facts necessary for the disposal of this appeal can be stated as follows: (a) P.Ws.1 and 6 are the sisters of the deceased Raju. P.W.1 was living with Raju at Batlada, and they were unmarried. Raju purchased a piece of land from A-1 measuring 3.5 acres, and the sale consideration was partly paid. But, the remainder remained unpaid. A-1 was demanding the money through P.W.13. But, the deceased gave a reply that he had no funds, and he would pay in future. Thus A-1 and the deceased were on inimical terms. A-2 and A-3 were close associates of A-1. (b) On the date of occurrence, that was on 16.4.2008, at about 4.30 P.M., A-1 armed with a vettukathi, A-2 with a vettukathi and A-3 with a stick came to the place of occurrence namely field, where the deceased was standing. On seeing him, A-1 threw chilli powder on his face and inflicted a cut injury with M.O.1, vettukathi, on his right leg, when A-2 cut him on his neck with a vettukathi, M.O.2. A-3 attacked him with the stick, M.O.3, on different parts of the body. This was witnessed by P.W.2, who was working in the tea garden of Raju. Immediately, A-1 to A-3 fled away from the place of occurrence. P.W.2 found Raju dead. Immediately, he informed to P.W.4 who was standing in the nearby garden. Then both of them called P.W.3, who was also standing in the neighbouring garden. All of them came to the spot and found the dead body, and P.W.3 in turn informed to P.W.7, a close relative, who in turn informed to P.Ws.1 and 6. Thereafter, both the sisters of the deceased came to the place of occurrence. (c) After seeing the dead body of Raju, P.W.1 proceeded to the respondent police station where P.W.18, the Sub Inspector of Police, was present, to whom she gave Ex.P1, the report, at about 9.00 P.M. Then a case came to be registered in Crime No.132/2008 under Sec.302 of IPC. The printed FIR, Ex.P14, was despatched to the Court. (d) The investigation was taken up by P.W.20, the Inspector of Police of the Circle, who proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and also a rough sketch, Ex.P16. He conducted inquest on the dead body of Raju in the presence of witnesses and panchayatdars and prepared an inquest report, Ex.P17. He also secured material objects from the place of occurrence, and photographs were also taken. They are marked as M.O.7 series. Thereafter, the dead body was sent to the Government Hospital for the purpose of postmortem. (e) P.W.17, the Assistant Surgeon, attached to the Government Hospital, Kothagiri, on receipt of the requisition, conducted autopsy on the dead body of Raju and has issued Ex.P12, the postmortem certificate, wherein he has opined that the deceased would appear to have died of haemorragic shock due to grievous injuries. (f) Pending further investigation, when P.W.15, the Village Administrative Officer (VAO), was in his office, A-1 appeared before him on 17.4.2008, and also gave an extra-judicial confession which is marked as Ex.P5. Along with his report, Ex.P6, P.W.15 produced A-1 along with M.O.1, vettukathi, before the Investigator. He was arrested by P.W.20. He also gave a confessional statement. The same was recorded. Pursuant to the same, the Investigator came to know about the involvement of A-2 and A-3. They were arrested. Both came forward to give confessional statements. The same were recorded. The admissible part of the confession of A-3 is marked as Ex.P19. They also produced M.Os.2 and 3, vettukathi and stick respectively, which were recovered under a cover of respective mahazars. They were sent for judicial remand.