The prosecution's failure to establish the identity of the deceased and reliance solely on the accused's confession, coupled with serious flaws in the investigation and trial, led to a miscarriage of justice.

S.NAGAMUTHU, J.

This is yet another case, which illustrates the perfunct investigation done by the police and the indifferent attitude shown by the prosecution, while conducting the trial, where the stake-holders in the criminal justice delivering system, have failed to discharge their legal obligations in proper manner. We will state our reasons for these opening remarks, a little later.

2. The appellant is the sole accused in S.C.No.210 of 2008, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Trichy. The appellant stood charged for the offence under Sections 302 and 201 I.P.C. By Judgment, dated 20.08.2010, the Trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for three months for the offence under Section 302 I.P.C. and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for three months, for the offence under Section 201 I.P.C. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.

3. The case of the prosecution, in brief, is as follows: The accused in this case is a mason by profession. The deceased was one Parvathi. She was a mason helper. She used to go for construction work along with the accused. On 21.12.2006, in the morning, in the usual course, the deceased Parvathi, went for masonry work. But, she did not return. The family members of the deceased were searching for her. But, they could not find her anywhere.

4. While so, on 29.12.2006, at 09.30 a.m., the accused appeared before the then Village Administrative Officer of Valavanthankottai Village in Tiruchirappalli District. On such appearance, he wanted to confess voluntarily before him. Accordingly, he orally confessed, which was reduced to writing by P.W.1. In the said confession, he disclosed that on 21.12.2006, by about 12.00 midnight, he committed the murder of the deceased and buried the body on the bank of Valavanthankottai tank. The accused signed the said statement under Ex.P.1. P.W.1, prepared a Report under Ex.P.2. Then, he took the accused along with Ex.P.1 and Ex.P.2 and produced them before P.W.18.

5. P.W.18 was the then Sub Inspector of Police, attached to Thuvakudi Police Station. On the above report, P.W.18 registered a case in Crime No.310 of 2006 under Sections 302 and 201 I.P.C. Ex.P.19 is the First Information Report. Then, P.W.18 forwarded these documents to the learned Jurisdictional Magistrate and handed over the Case Diary to P.W.19, the then Inspector of Police for investigation.

6. Taking up the case for investigation, on 29.12.2006, at 12.00 noon, when P.W.19 examined the accused, he started voluntarily confessing. That confession was reduced to writing. In the said confession, he disclosed the place, where he had buried a dead body. In the said confession, he also disclosed that he had buried yet another dead body at Udaiyarkadu burial ground. In the same confession, he also disclosed that he had hidden a nose stud, ear rings and a spade in his shed. In pursuance of the said disclosure statement, at 01.00 p.m., the accused took P.W.19 and the witnesses to his shed and produced M.Os.1 to 3. They were all recovered under a mahazer (Ex.P.4). Then, at 02.00 p.m., P.W.19 prepared an Observation Mahazer and a Rough Sketch, showing the place of occurrence. (Ex.P.7 and Ex.P.20). Then, he made a request to the Tahsildar, Tiruchirappalli, to exhume both the dead bodies. Accordingly, the Tahsildar came to the spot.

7. On 30.12.2006, at 09.00 a.m., in the presence of witnesses, at the place, which was identified by the accused, the Tahsildar made arrangements for exhumation. When exhumed, it was found that there was a dead body. On the dead body, there were a brown colour half-saree (thavani), sandal c