The prosecution must establish a complete chain of circumstances and prove the charges beyond all reasonable doubts in circumstantial evidence cases.

P.DEVADASS,J

1. Accused 1 and 2, in S.C.No.84 of 2011, before the learned Additional Sessions Judge (Fast Track Court No.II), Tuticorin are appellants herein. They challenge their conviction and sentences imposed upon them.

2. For convenience sake, through out the judgment, let us call them A.1 and A.2.

3. The prosecution version as unfolded during trial runs as follows:-

(i). P.Ws.1 and 2 Rajagopal and Amaravathi are spouses. They are residing in Manjalneer Kayal in Tuticorin District. Their last daughter is Subashini. She was unmarried. She was 25 years old. In Palayakayal Main road, they are running 'Sivasakthi Hotel'. Subashini used to assist her father in the hotel business. On 16/9/2010, at about 7.30 p.m., near Periyamadai, her uncle P.W.3 Ganesan saw her walking, holding a cell phone in her hand. When questioned, she told him that she is going to the hotel. P.W.3 told this to P.W.1. He replied that he did not send her. P.Ws.1, 3 and others searched her in vain.

(ii). At about 7.45 p.m., P.W.4 Thirumal, with the help of his torch light, saw Subashini with ear studs, gold chain on her neck and also a cell phone in her hand. She told him that she came to answer nature's call. At about 8 p.m., P.W.5 Patturaj, while coming from the temple, with the help of his torch light, saw A.1 and A.2 coming in front of him. At about 8.30 p.m., P.W.6 Paulraj when went to his land, with the assistance of his torch light, heard A.1 and A.2 talking themselves, 'you have chain', I will have anklet'. They told him that they are urgently going to board a bus.

(iii). Till 18/9/2010 morning, Subashini was not traced. At about 6.30 a.m., there was news that in the coconut thope of P.W.8 Dhanapalan @ Dhanapal, a dead body was found. P.Ws.1 to 3 rushed there and found the charred dead body of a women. They have identified it as that of Subashini by her ear-studd, brass-ring on her hand and iron ring on her leg and also by her face.

(iv). At about 9 a.m., at the Sawyerpuram Police Station, P.W.1 gave Ex.P.1 complaint to P.W.16 Hariharan, Sub-Inspector of Police. He registered a case in Crime No.141 of 2010 under Section 302 IPC. He despatched the Express FIR (Ex.P.13) to Court through P.W.13 Manthiramoorthy, Special Sub-Inspector. He handed over it to Judicial Magistrate No.I, Thoothukudi at about 2.30 p.m.

(v). P.W.17 Mahimaiveeran, Inspector, Sawyerpuram took up investigation. At the spot, in the presence of P.W.15 Patchaiperumal, VAO, Manjalneerkayal and his Assistant Pandi, P.W.17 prepared Ex.P.6 Observation mahazar and drew Ex.P.14 site-plan. In the presence of witnesses, he seized M.O.8 stick, M.O.9 sample soil and M.O.7 small quantity of ash under Ex.P.7 mahazar. In the presence of Panchayatdars, held inquest over the dead body (Ex.P.15 inquest report); examined the material witnesses and recorded their statement; sent Ex.P.4 requisition to Thoothukudi Medical College and Hospital, through P.W.12 Subramanian, Head Constable to perform autopsy. Sections 379 and 211 IPC were added to the case and Ex.P.16 alteration memo was sent to the Court.

(vi). At the spot, P.W.14 Dr.Manoharan conducted post-mortem. He found the following postmortem injuries:-

Partially charred body of a female. Abdominal and Thoracic cavities exposed. Abdominal and thoracic organs were charred and denatured beyond its recognition. Pelvic cavity exposed out and the internal organs found missing. Part of the pelvic bones charred. Ribs in the front and lateral sides of chest found missing due to postmortem deep burns. Left lower limb found severed at the level of middle of thigh and the remaining part of that limb seen separately. The severed ends of the left lower limb found charred indicating postmortem deep burns. Superficial burns seen over both feet. The right thigh bone exposed out and the thigh muscles found absent indicating postmortem deep burns. Left upper limb below the level of middle of arm and right upper limb below the level of middle of forearm