In circumstantial evidence cases, each link must be established beyond reasonable doubt, and the conclusion must logically follow from the evidence presented.

JUDGMENT :

Crl.A(MD)No.294 of 2020 is filed by PW-1/wife of the deceased. Crl.A(MD)No.467 of 2021 is filed by the State. These two Criminal Appeals are against the judgement of acquittal passed on 07.07.2020 in S.C.No.25 of 2019 on the file of Additional Sessions Judge/Fast Track Mahila Court, Karur.

2. On 27.02.2018, morning at Pichaimuthu land, Kumaran Nagar, Poonjolaipudur, within the territorial limits of Mayanur Police Station, the dead body of Amalraj with cut injuries on his neck, with abrasions on forehead and cheek was found. At about 10.30 hours, Eswari, W/o.Amalraj (PW-1) set the law into motion through her complaint Ex.P-1 addressed to the Sub-Inspector of Police, Mayanur Police Station. PW-16, Natesan, Sub Inspector received the complaint and registered the FIR in Crime No.39 of 2018 (Ex.P-22) under Section 302 IPC mentioning Gopal @ Karungopal(A-1), Kanniappan (A-2) and Palkara Gurusamy @ Kakkayan (A-3) as the suspects.

3. Thiru. Rajmohan, the Inspector of Police (PW-17) took up the investigation, went to the spot, prepared observation mahazar (Ex.P-23) and rough sketch (Ex.P-24). Conducted inquest and prepared the inquest report (Ex.P-25). Sent the body of Amalraj to the Government Hospital, Karur with request letter to conduct autopsy. Suspected incriminating materials like blood stained soil, empty liquor bottles and the two wheeler bearing registration No: DL 6 SR 7168 were recovered under mahazar Ex.P-26.

4. On 28.02.2018, near Panchapatti State Bank, A-1 and A-2 were arrested at 10.00 am by PW-17. On their confession, the motive and the manner in which the offence committed came to light. The confession of A-1 lead to the discovery of the fact that A-1 and A-2 with the aid of A-3 hired A-4 and A-5 to assist them to kill Amalraj. On the information provided, the blood stained shirt of A-1 from thorn bush behind the KSRV School, Kovakulam was recovered under mahazar Ex.P-10. The two wheeler bearing registration No:TN-47-AW-4539 used by A-1 and A-2 was seized under mahazar Ex.P-7. From A-2, Rs.10,000/- was recovered being his share of hire money.

5. On the same day, at about 14.30 hours, Senthilkumar (A-4) and Malayali (A-5) were arrested near Uppidaimangalam – Santhaipettai Gate, while both were proceeding in a two wheeler bearing Registration No:TN-59-BE-4885 Honda City 110 DREAM. They both confessed their guilt and the receipt of Rs.25,000/- each from Gurusamy (A-3) for assisting A-1 to A-3 to kill Amalaraj. The two wheeler and the money were recovered from them under Mahazar Ex.P-12 and Ex.P-14.

6. Gurusamy (A-3), on 28.02.2018, after committing the crime surrendered before learned Judicial Magistrate, Paramathi. Knowing that, PW-17 got order for police custody and interrogated him on 09.03.2018. On his information, the blood stained clothes M.O.7, M.O.8 and the knife-M.O. 10, thrown near the bush behind Sankaramalaipatti Malai Temple were recovered under mahazar Ex P-16.

7. The case of the prosecution as projected through its witnesses is that, there was an enmity between A-1 and A-2 families with the deceased. A-3 is the old associate of the deceased. On 26.02.2018, at about 2.00 pm, A-1, A-2 and A-3 came to Amalraj house and called him to come for compromise talk. PW-1 tried to stop her husband going along with them. However, the deceased prevailed upon her and went with them in his two wheeler. At that time her sister Tulasi (PW-3) was also present. Thereafter, PW-3 Subramanian (husband of PW-2) saw A-1 and A-2 in a two wheeler, A-3 in another two wheeler and the deceased in his two wheeler passing together near Old Jayamkondan Community Hall. PW4-Maruthanayagam, on 26.02.2018 while he was returning from Karur towards Seaangal via Uppidaimangalam, saw Malayali(A-5) and Senthil(A-4) proceeding towards East near Madukarai TASMAC shop. Then, near Munaiyanoor turn, he saw Amalaraj( deceased), A-1 to A-3 coming in two wheelers from West. Next day, Amalraj was found dead in the land of Pichaimuthu.

8. PW-5 and PW-6,