The judgment emphasizes the high standard of proof required for circumstantial evidence to establish guilt in criminal cases.

P.N. Prakash. J.

1. The Accused Nos.1, 2 and 3, who were convicted for offences under Section 302 r/w 34 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- [Rupees Five Thousand] each in default to undergo Simple Imprisonment for Three months each by judgment dated 09.09.2011 in S.C.No.36 of 2011 on the file of the learned Additional District and Sessions Judge, Karaikal, are the appellants before us.

2. The prosecution case begins with the evidence of Natarajan [P.W.1] who sensed a foul smell emanating from a water tank of an old Prawn Farm near Madha Koil Street, Poovam Kottucherry in Karaikkal on 30.12.2010 around 09.30 a.m., and out of curiosity, peeped into the tank and found a decomposed state of male body aged between 45 and 50 years floating in the tank. He was not able to identify the body and the name of the person. He went to the police station at Kottucherry and lodged a complaint [Ex.P.1] which was received by V.Purushothaman [P.W.25], the Sub Inspector of Police, who registered a case in Kottucherry Police Station Crime No.140 of 2010 under Section 174 of Cr.P.C. on 30.12.2010 at 10.00 a.m. The printed F.I.R was marked as Ex.P.23. P.W.25-V.Purushothaman, the Sub Inspector of Police, went to the place where the body was found at around 10.30 a.m. on 30.12.2010. He organized to have photographs taken of the body by S.Murugan [P.W.22]. The Photographs were marked as M.O.15 and M.O.16. He prepared an observation mahazar and rough sketch [Ex.P.2] in the presence of witnesses Parasuraman (not examined in court) and Pandiarajan [P.W.2]. He found a pair of slippers [M.O.1], hundred rupee currency notes [100 X 4 = 400 – M.O.2] and a visiting card of M/s.Malar Fabs [M.O.3] under the cover of mahazar [Ex.P.4]. He recorded the statements of Natarajan [P.W.1], Pandiarajan [P.W.2] and Parasuraman [not examined in court] in the presence of panchayatars and conducted inquest over the dead body. The inquest report was marked as Ex.P.13. The body was thereafter sent to the Government Hospital at Karaikal for autopsy. Dr.Narasima Murthi [P.W.21] conducted autopsy over the body and in his evidence as well as in the post-mortem certificate he noted as follows:-

External Examination [including external injuries]

Deceased in an adult male aged about 45 years of moderate built and nourishment. Eyes closed, pupils dilated and conjunctiva pale. Rigor mortis has passed off, adipocere formation appreciable on trunk on either side, found smelling, maggots seen through nostrils and mouth.

External injuries

Incised injury two in no. seen parallel to each other apart by less than 0.2 cms seen on anterior aspect of neck below the level of thyroid cartilage, horizontally situated 21 X 0.5 X 0.5 cms extending from left side of neck (deeper) to right side (shallow), edges are clear cut, even and everted.

Lacerated injury 6 X 0.5 X 0.5 cms on left lateral aspect of vault on parietal region of scalp, Lesions are fresh and antemortem in nature.

Internal Examination

Head, Scalp, skull, meninges, brain, spinal cord

Scalp described, skull... fissured fracture hair line 6 cms long seen on left parietal bone, running on coronal plane towards vault meninges... minimal extradural haemorrhages seen. Brain in tact, decomposed and pale.

NECK, THORACIC WALL, PLEURA, LUNGS, HEART

Underlying tissues including external jugular vein and superior thyroid artery seen incised at external lesion site on left side, trachea and pharynx intact, lungs intact, decomosed and pale, thoracic cavity contained minimal fluid, heart softened, contained scanty fluid blood, coronaries patent.

ABDOMEN AND PELVIS

Stomach contained 250 cc colourless fluid material, smell of alcohol present, mucosa congested, decomposed; liver, spleen, kidneys and intestines intact, decomposed and pale; bladder empty.”

After receiving the viscera report [Ex.P.20], he opined the cause of death as “Hypovolaemic Shock as a result of cut throat injury”.

3.