Circumstantial evidence must establish a complete and conclusive chain connecting the accused to the crime, failing which conviction cannot stand.

JUDGMENT :

M. JOTHIRAMAN, J.

The appellant/ sole accused has preferred this Criminal Appeal as against the judgment dated 29.04.2019 in S.C.No.161 of 2017 passed by the learned Additional District and Sessions Judge (FTC), Vellore District in and by which he was convicted and sentenced as under:

The sentences were ordered to run concurrently.

2. Brief case of the prosecution is as follows:

2.1. PW1- Tr.Selvam is the father of the deceased Rajesh. He states that he is running an Hollow Bricks company. The accused joined under him as Hollow Brick Machine Operator in the year 2001. At that time, the accused borrowed a sum of Rs.10,000/- as advance. Thereafter, PW1 deducted a sum of Rs.1,000/- from his salary. The accused demanded advance amount and the same was refused by PW1. Hence, there was a quarrel between the deceased and the accused. PW1 intervened and pacified them.

2.2. On 14.05.2014, PW1 handed over his two wheeler in a mechanic shop to get serviced. PW1 proceeded to the said mechanic shop along with his son / deceased. Thereafter, PW1 handed over the two wheeler to the deceased and instructed him to visit the Hollow Brick Company. PW1 gone to Senkuttai in another vehicle. After some time when PW1 came to his Hollow Brick Company, the two wheeler which was drove by the deceased stood in front of his Hollow Brick company’s office. PW1 tried to contact his son / deceased through his mobile phone, but it was switched off. PW1 searched for the deceased and found blood stains on the Hollow Block Stone and the blood stains runs to few distance, which also lead to the well which belongs to one Sivalingam /PW9.

2.3. PW1 lodged a complaint before Viruthampet Outpost Police station. Thereafter police officials and fire service men came there and with the help of motor, water was drained through out night and at 6.00 a.m., found the body of his deceased son Rajesh in the said well. After taking the dead body, PW1 has identified the deceased body.

2.4. PW2- Tr.Manikandan, relative of PW1, deposed that he knew the accused. On 14.05.2014 at 3.00 p.m., he went to PW1’s Hollow Brick company. While he was proceeding to Velangadu Temple festival, he intended to see his uncle / PW1 and the deceased at 3.00 p.m. He saw the deceased and the accused were chatting and he could not hear the said conversation since the accused used to speak very low and feeble. PW2 asked the deceased about PW1, who in-turn stated that his father / PW1 had gone to his house to have lunch. Thereafter, PW2 went to Velangadu. On the same day at about 5.30 p.m., he received an information from PW1 that the deceased was missing, that the company was left open and blood stains were found in the Hollow Bricks, which were stocked. PW2 and PW3 rushed to the Hollow Brick company and saw that there was blood stains in the Hollow Bricks and the blood stains proceeded towards the well in the land belonging to one Sivalingam / PW9. PW1 lodged the complaint and thereafter, police and fire service people came to that place where the well is situated, drained out water by motor throughout the night and finally on the next day at 6.00 a.m. found out a dead body.

2.5. PW3- Tr.Raja is also the relative of PW1. PW1 is the paternal uncle of PW3. PW3 also deposed in similar version of PW2.

2.6. PW4- Tr.Janakimmal, who is working under PW1, deposed that the accused was working under PW1 for the past 3 years