Presumption regarding guilty of robbery and murder.

A.S. Venkatachalamoorthy J

The appellant/accused was tried for charges under Secs.302 , 201 and 392, I.P.C. by the learned Sessions Judge, West Tanjore in S.C.No.67 of 1992. The trial court found the accused guilty under Sec.302 I.P.C. and sentenced him to undergo life imprisonment. The accused was also found guilty under Secs.201 and 392, I.P.C. and sentenced to undergo rigorous imprisonment for 2 years and 5 years respectively. Being aggrieved by the verdict of the lower court, the accused has preferred the above appeal.

2. The prosecution in its endeavour to bring home the guilt of the accused examined P.Ws.-1 to 15, marked Exs.P-1 to P-19 and produced M.O.s-1 to 16.

3. The case of the prosecution is as follows: P.W-1 is the son of the deceased. P.W-1, the deceased and the younger sister of P.W-1 were all residing together in the village called Thirupanthuruthi.

About two years prior to the occurrence, P.W-1 was approached by his friend P.W-3 for some financial assistance by way of loan. Since P.W-1 had no funds with him, he offered to help P.W-3 by providing some jewels so that P.W-3 could pledge the same in a Bank and get money. P.W-3 got the jewels from P.W-1 and with the help of one Saravanan, he pledged the same in the Bank and borrowed Rs.3,500. Keeping Rs.2,500 with him, he handed over the balance sum of Rs.1,000 to P.W-1. About six months prior to the occurrence, P.W-1 approached P.W-3 and requested him to return the jewels and P.W-3 promised to take steps to get back the jewels from the Bank and return to him.

On 4.12.1991, at about 4.30 P.M., P.W-1 was bundling the straw at a place called Othaiveedu, which is about two miles away from his house. After informing P.W-1 the deceased met P.W-3 and asked him to return the jewels and came back by about 5 P.M. to the place where P.W-1 was working. The deceased informed P.W-1 that P.W-3 agreed to return the jewels on the coming Saturday and further told him that she would like to return home through Vellamandapam route. The deceased was at that time wearing saree, jacket, skirt, gold Thaali, nose-stud, Thaali gundu (2 in number), two gold coins and yellow Thaali thread.

P.W-1 after finishing the work, returned home at about 6 P.M. in the cart loaded with straw bundles. At the house, P.W-1 found that the deceased was not available. He enquired his younger sister, who replied that the deceased had not come back. P.W-1 then went in search of his mother viz., the deceased to various places, but he was not able to locate her. On 5th also he searched for her in various placed but failed to trace her. On 6.12.1991, P.W-1 went to Nadukaveri Police Station at about 10 A.M. and gave a complaint to the effect that the deceased was missing. P.W-13, the Head constable at the said Police Station received the complaint and registered Crime No.324 of 1991 and prepared Express F.I.R. and sent the same to the Judicial Magistrate and also his superiors. On 7.12.1991, at about 11 A.M. P.W-1 came to know that a dead body of a female was found on the northern side of Vellamandapam and he proceeded to that place and reached there at about 12 P.M. He found the body in a decomposed stage and the same was subjected to fish bite. From the saree, jacket, skirt and he nose-stud P.W-1 could identify the dead body as that of his mother. P.W-1 also noticed aluminium bangles as well as the walking stick of his mother lying near the body. P.W-4 the Village Administrative Officer of Melathirupanthuruthi was in his office at about 12 noon on 7.12.1991, when his Talayari by name Thangavel came and informed him that a dead body of a female was found lying near Vellamandapam. P.W-4 then along with the Talayari proceeded to that place and found a dead body as informed. On enquiry, he came to know that it was the body of the deceased. The Village Administrative Officer then prepared a report and sent it to Nadukaveri Police Station. He also sent reports 1o the Judicial Magistrate, Thiruvaiyaru and the Tahsild