The court emphasized that the prosecution must prove charges beyond a reasonable doubt, highlighting inconsistencies in witness testimonies and investigative lapses that necessitated acquittal.

JUDGMENT :

(R. POORNIMA, J.)

This Criminal Appeal is filed against the conviction and sentence passed against the appellant/accused in the judgment dated 07.03.2020 passed by the IV Additional District and Sessions Judge, Tirunelveli, in S.C.No.40 of 2018 by convicting and sentencing the appellant for the offence punishable under Sections 364 , 302 and 201 IPC and sentenced to undergo imprisonment for life and to pay a sum of Rs.5,000/- in default, to undergo two years simple imprisonment for the offence under Section 302 IPC and sentenced to undergo 10 years rigorous imprisonment and to pay a sum of Rs.5,000/- in default, to undergo two years simple imprisonment for the offence under Section 364 IPC and sentenced to undergo three years rigorous imprisonment and to pay a sum of Rs.5,000/- in default, to undergo one year simple imprisonment for the offence under Section 201 IPC.

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

(a) The complainant is the father of the deceased Muthukumar. The deceased Muthukumar had an affair with one Vigneshwari at Lalgudi, Trichy, married her and came to his place, living together. On the 18.02.2015 morning at 9'o clock, he went to Palakadu, Kerala for work, but he did not go to the said job, his cell phone No.99656 76640 was switched off from the morning 9'o clock. Hence, he lodged a complaint to trace out his son.

(b) The complaint-Ex.P.1 was received on 19.02.2015 at about 20.00 hours by P.W.23, Thiru.Subbaiah, Special Sub Inspector of Police had registered FIR in Crime No.52/2015 for “Man Missing”. He had sent the original FIR to the Judicial Magistrate Court and a copy to the Inspector of Police for investigation.

(c) P.W.24 Thiru.Alagukannan, Inspector of Police received the FIR at about 21.00 hours went to the place of occurrence and prepared observation Mahazar Ex.P3 and rough sketch Ex.P16 in the presence of witnesses Ramadoss, Ganesan.

(d) He examined the witnesses Ramakrishnan, Ramadoss, Ganesan, Vanniyarajan, and Nagarathinam and recorded their statements.

(e) During investigation he came to know that the deceased Muthukumar had gone with Muthkumaran son of Ramar (A2) and Murugesan son of Mariyadoss (A1) on a two-wheeler and he searched in several places.

(f) On 20.02.2015 at about 5.00 a.m., he conducted search near Veeranapuram, Nitchopanathi River Bridge. He found a person hiding in a dark place who attempted to escape. Upon enquiry, he learnt that the person is A2 Muthukumaran. He arrested the said Muthukumaran in the presence of Yesudasan and Sakthivel at about 5'0 clock, recorded his confession statement Ex.P.17 and recovered two wheeler bearing registration No.TN 76 3016 – M.O.1 at about 7.15 p.m., in the presence of same witness under recovery mahazar Ex.P.18.

(g) On 20.02.2015, the dead body of the deceased Muthukumar was identified by A2 Muthukumaran at Sivakasi in the land belonging to Appanayakanpatti Pushparaj on the northern side of Vadakanmarainadu, in a Well on the Pirandai plant (Adamant Creeper). On 20.02.2015 at about 8.45 a.m., the Investigation Officer prepared observation mahazar Ex.P.6 and rough sketch Ex.P.19 in the presence of witness Paramasivam and Murugan, recovered light sandal colour pant, red and black colour towel – 2 numbers, vis