In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.

JUDGMENT :

C. KUMARAPPAN, J.

1. The instant criminal appeal has been filed against the order of conviction passed in S.C.No.243 of 2016 dated 06.02.2018, in and by which, the appellant was convicted under Sections 364 , 302 and 201 of IPC and sentenced to undergo life imprisonment.

2. The prosecution story is that, one Suresh Kannan is the brother of the deceased Selvam. The accused is Suresh Kannan's co-brother's son. Since, both the accused and the deceased were relative, they became friends. While so, there was a loan transaction between the deceased and the accused. According to the prosecution, the accused borrowed a sum of Rs.45,000/- from the deceased, and when this was demanded from the accused for the marriage of his sister PW4 Monisha, the accused could not repay. But the deceased was persistent in demanding the said money, which caused the accused to carry a grudge against the deceased.

3. While so, on 28.01.2016, at about 08.30 pm, the deceased went to the accused house to receive the amount, whereby the accused by machination, took him to his field under the pretext of consumption of alcohol. After that, the deceased again started demanding the loan amount. Enraged by such conduct, the accused planned to do away the deceased and attacked the deceased with a wooden log. Due to the attack, the deceased lost his control, and believing the deceased to have died, he decided to bury him. While he was digging a grave, the deceased started screaming, and therefore, the accused again attacked him indiscriminately with the spade. After that he dumped the deceased body in the pit and vanished.

4. Since the deceased did not return, PW1/Suresh Kannan started enquiring about his whereabouts. Hence, a police complaint was given to Sub Inspector of Police, Kullanchavadi Police Station on 30.01.2016 with PW13/ Mr.Gajendran. After registering the FIR, PW13 forwarded the same to the concerned Jurisdictional Magistrate, as well as to the Investigating Officer. After that, the Investigating Officer/PW14 took up the investigation, and proceeded to the Suresh Kannan's residence and enquired and also recorded statements from PW1 to PW5, and the father of the accused qua Mr.Kesavan and other witnesses. During the investigation, he came to know about the registration of man missing FIR on 31.01.2016, at Naduverappatu Police Station, against the accused. Therefore, the Investigating Officer had developed a suspicion against the accused.

5. In the meanwhile, on 11.02.2016, the PW7/Balamurugan, Village Administrative Officer of Naduverappatu Village brought the accused to the Police Station and submitted a special report along with an Extra Judicial Confession statement given by the accused. Then, the Investigating Officer arrested the accused, and on arrest, the accused again voluntarily gave a confession statement, which was recorded in the presence of one Anandan/PW8 Village Administrative Officer of Agaram East Village. Thereafter, an alteration report was sent to the concerned Judicial Magistrate altering the FIR to Sections 364 , 302 and 201 of IPC. The accused then handed over the key of the two wheeler of the deceased and was recovered under Mahazar.

6. In pursuance of the above confession statement, a discovery of fact was also effected by identifying the place where the deceased body was buried. In pursuance thereof, the Investigating Officer prepared the Mahazar and rough sketch and also reco