In criminal cases based on circumstantial evidence, the prosecution must establish each element beyond reasonable doubt; mere suspicion or weak evidence is insufficient for conviction.

J U D G M E N T

C.KUMARAPPAN, J.

The instant Criminal Appeal has been filed by the sole accused against the judgment of conviction passed against him, by III Additional District and Sessions Judge, Coimbatore in S.C.No.176 of 2016 vide order dated 27.07.2018 for the offence under Section 302 of IPC.

2. The gist of the prosecution case is that the accused Vigneshkumar and the deceased Prabakaran are neighbours. The deceased Prabakaran serendipitously came to know about the relationship between the accused and one Divya [PW15] out side of marriage . Taking advantage of the same, the deceased started blackmailing Divya and the accused. Enraged by such conduct, the accused nurtured enmity against him and decided to do away him. In furtherance of the same, and with stratagem, he took the deceased to a secluded place and done him to death. The prosecution attempted to prove the case on two folds, qua based on the ocular evidence, and through the circumstantial evidence.

3. According to the prosecution, Saravanakumar [PW1] is the son of the deceased, and Ramesh [PW4] is the co-brother of PW1. It appears that on the fateful day on 25.09.2015 at about 3.00.p.m, PW1 just went to his co- brother (PW4)'s house. However, PW4 returned home at 3.50.p.m, while they were in conversation, PW4 informed his co-brother PW1, that the deceased and the accused were proceeding to a secluded place near New Scheme Road. On such information, when PW1 rushed to the scene of occurrence, the accused attacked PW1's father. But on seeing PW1, the accused escaped and fled from the scene of occurrence.

4. Thereafter on seeing his father dead, PW1 rushed to the police station along with Mr.Rajeshkumar [PW3], who is the scribe for the Ex.P1- complaint, and gave a complaint to Mr.S.Balachandar [PW16]. On receipt of the complaint, PW16 registered Ex.P13 FIR in Crime No.681 of 2015 for the offence under Section 302 of IPC. After registering the FIR, he forwarded the same to the Investigating Officer [PW17], and also to the concerned jurisdictional Magistrate. PW17, on receipt of the copy of the FIR, at about 17.50 hours, commenced his investigation and proceeded to the scene of occurrence and has arranged for lighting facility. Thereafter, he examined the witness Mr.Palanisamy [PW9] and one Mr.Aravind and prepared the rough sketch [Ex.P14] and observation mahazar [Ex.P4]. Between 19.00 hours to 22.00 hours, he conducted inquest upon the body of the deceased in the presence of Mr.Saravanakumar [PW1], Tmt.Neelavathi [PW2] (wife of the deceased), Mr.Rajeshkumar [PW3], Mr.Ramesh [PW4] and one Priya. The said inquest report was marked as Ex.P15. After that, he also recorded the statement of Mr.Palanisamy [PW9] and Mr.Aravind.

5. The Investigation Officer further states that, at the scene of occurrence, he has also recovered one pair of rubber chappal, a blood stained brick and an electoral Identity card in the name of Vigneshkumar. Apart from that, he also collected the sample soil and the blood stained soil. The seizure mahazar was marked as Ex.P5, and the recovered materials have been marked as MOs.2, 4 to 7. At about 10.45 hours, he has also recovered the vehicle bearing Registration No.TN 37 BL 8582 in the presence of Mr.Palanisamy [PW9] and Mr.Aravind, the seizure mahazar of which was marked as Ex.P6 and the photograph of motor vehicle was marked as M.O.8. Thereafter, he has also recorded the statement from the above witnesses. On the next day 26.09.2015 he made arrangements for the postmortem of deceased.

6. While so, he arrested the accused at about 14.00 hours on 26.09.2015 near Poosaripalayam Bus stand. After arresting the accused, he informed to Telungupalayam VAO one Ms.Thamaraiselvi [PW8] and her assistant Mr.Karuppasami to stand as witness for the confession statement, as the accused had willingly volunteered to confess his involvement in the offence. The confession statement of the accused was recorded in the presence of PW8 and PW9 at about 14.30 hours to 15.30 h