The inadmissibility of a confession made to the police, the limited admissibility of statements leading to discovery, and the improper use of witness statements in establishing guilt based on circumstantial evidence.

S. Nagamuthu, J.

1. The appellant is the sole accused in SC.No.10/2011 on the file of the learned Sessions Judge, No.2, Kancheepuram. He stood charged for offence u/s.302 IPC. By the Judgment dated 13.03.2012, the Trial Court found him guilty, convicted him u/s.302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-and in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

2. The case of the prosecution in brief is as follows:-

[a] The appellant is a resident of Karanithangal village. The deceased in this case was one Mrs. Mageshwari. She also belonged to the same village. The accused was employed as a watchman in a factory known as "M.M. Forgings Limited" in the same village. The deceased was also working in the same industry. It is alleged that in course of time, the accused and the deceased were moving closely. They were also seen frequently by others when they were engaged in chatting in the factory premises.

[b] On the night intervening 08.06.2008 and 09.06.2008, the deceased and her mother [P.W.1] were sleeping in the shop run by P.W.1 in the same village. At about 4.00 a.m., P.W.1 found the deceased lying unconsciously. When she tried to wake her up, she found that the deceased was dead. There were injuries on her head. Immediately, P.W.1 proceeded to the Oragadam Police Station. P.W.9-Mr.Madanagopal, was the then Sub Inspector of Police attached to the same police station. On 09.06.2008 at about 7.30 a.m., P.W.1 appeared before him and preferred a complaint under Ex.P.1. On the said complaint, he registered a case in Crime No.335/2008 for the offence u/s.302 IPC [vide Ex.P.8]. He forwarded Ex.P.1 and Ex.P.8 to the Court and handed over the Case Diary to P.W.13, the then Inspector of Police attached to Oragadam Police Station.

[c] Taking up the case for investigation, P.W.13 proceeded to the place of occurrence at 8.00 a.m. and prepared an Observation Mahazar [Ex.P.3] and Rough Sketch [Ex.P.10] in the presence of P.W.3 and another witness. Then he recovered blood stained earth [M.O.1] and sample earth [M.O.2] from the place of occurrence under the Mahazar [Ex.P.2] in the presence of the same witnesses. Then he conducted inquest on the body of the deceased between 8.45 a.m. and 10.15 a.m. Ex.P.11 is the Inquest Report. Then, he sent the body for postmortem.

[d] P.W.8, Dr. Yamuna conducted autopsy on the body of the deceased on 09.06.2008 at 4.30 p.m. She found the following injuries:-

"External Injuries:-

Brain tissue found in both nasal cavities.

A deep laceration of about 10 x 8 x 4 cm left temporal region of scalp exposing fractured skull bone, brain tissue.

A laceration 8 x 4 x 4 cm parietal region of scalp exposing fractured skull bone , brain tissue.

Internal Injuries:-

Skull opened - Clotted blood found on the surface of brain.

Laceration brain left temporal lobe 8 x 5 x 4 cm parietal lobe 7 x 4 x 4 cm .

Base of brain distalled."

Ex.P.7 is the Postmortem Certificate. She opined that the deceased died of head injuries.

[e] Continuing the investigation, P.W.13, examined few more witnesses and recorded their statements. On 30.07.2008 at about 5.00 p.m., he arrested the accused at Thangal Junction. On such arrest, the accused allegedly made a voluntary confession in which he had disclosed the place where he had hidden the wooden log [M.O.3]. Ex.P.12 is the said Disclosure Statement. In pursuance of the same, he took P.W.13, P.W.6 and another witness to the said place and produced M.O.3-wooden log from the hide out.

P.W.13 recovered the same in the presence of P.W.6 and another witness under Ex.P.5-Mahazar. On returning to Police Station, he sent the accused for judicial remand and also forwarded the material objects to the Court. He made a request to the Court for forwarding the material objects for chemical examination. He collected the medical records, examined the doctor a