JUDGMENT :

A.D. Jagadish Chandira, J.

(Prayer: Criminal Appeal filed under Section 374 of Cr.P.C. against the judgment of conviction and sentence in S.C.No.200 of 2016 dated 30.10.2018 passed by the Principal Sessions Judge, Cuddalore.)

1. Challenging the judgment of conviction and sentence in S.C.No.200 of 2016 dated 30.10.2018 passed by the Principal Sessions Judge, Cuddalore, the present Criminal Appeal has been filed by the appellant/accused.

2. The allegation against the appellant/accused Dinesh is that he had murdered his school mate Sathishkumaran on his refusal to accede to the lust of the appellant/accused to have homo-sex with him, fearing that he would reveal it to others and in order to screen his offence, he had buried the dead body near the compound wall of his residence.

3. The sequence of events as elicited from the prosecution witnesses and other materials is as under:-

i) On 4.4.2016, a complaint (Ex.P1) came to be filed by one Sathiyamurthy son of Pakkiri (PW1) father of Sathishkumaran (deceased) at Nellikuppam Police Station contending that his son Sathishkumaran, who went on his avocation on 1.4.2016 saying that he would come back late on that day as he was to meet his friend viz., the appellant/accused, did not come back upto 8.30 pm and when PW1 had contacted him over his mobile phone, he had replied that he was watching a movie and he would come late, but, since he did not come back even upto 10.00 pm, PW1 had tried several times to contact his son over mobile phone, however, he could not contact him as the phone was switched off.

ii) PW1 had approached the office of the Superintendent of Police where he was directed to approach the Nellikuppam Police Station and accordingly, he had rushed to Nellikuppam Police Station, where he was asked to come back on 3.4.2016.

iii) After searching for his son at various places and having waited for his return and on receipt of a reply from the appellant/accused over phone that Sathishkumaran had left from his place on 1.4.2016 itself, PW1 had approached the Nellikuppam Police Station and lodged the complaint, Ex.P1 for tracing his son.

iv) PW12, Sub Inspector of Police, who had received the complaint, Ex.P1 had registered a man missing case in Crime No.181 of 2016 in FIR, Ex.P18 and sent the original FIR alongwith the complaint to Judicial Magistrate I, Cuddalore and copies to his higher officials and one copy to the Inspector of Police, Nellikuppam.

v) PW14, who was the Inspector of Police, Nellikuppam Police Station at the relevant time, took up the investigation, visited the scene of occurrence, enquired the witnesses Damodharan and Murugaraj, PW3 and prepared observation mahazar, Ex.P2 and rough sketch, Ex.P20. Subsequently, he enquired the witnesses Sathiyamoorthy (PW1), Maanvizhi (PW2), Sivakalai and the witnesses to observation mahazar viz., Damodharan and Murugaraj individually and recorded their statements. Thereafter, PW14 had issued requisition letter to the Nodal Officer for tracing the call details and tower location of the mobile numbers viz., 9524872889, 9944601805, 9698025119 and 8220288514 mentioned in the complaint, Ex.P1.

vi) Since Sathishkumaran could not be traced out till 6.4.2016, wide publicity was given with his photo through various police stations. On 8.4.2016, appellant/accused was enquired at the police station and his statement was recorded by PW14. Thereafter, PW14 had issued requisition letter to trace out the incoming and outgoing calls and IMEI information in respect of suspicious mobile numbers viz., 9944601805, 8220288514, 9787065561 and 9487504090.

vii) Whileso, on 12.4.2016, at about 11.00 am, the Village Administrative Officer, Devanampattinam, PW6 had produced the appellant/accused in the Nellikuppam Police Station contending that the appellant/accused had surrendered before him and given an extra judicial confession, Ex.P5 to the effect that he had murdered the said Sathishkumaran. PW6 had requested the police to take further action upon