important point
Discovery is a weak kind of evidence and cannot be wholly relied upon to base conviction thereon in such a serious matter as murder.

judgment

V.S. Sirpurkar, J. —

1.This appeal challenges the judgment of the High Court whereby the conviction of the appellant- Mani for an offence under Section 302 Indian Penal Code, 1860 read with Section 34 as also the conviction under Section 201 I.P.C. have been confirmed by the High Court.

2.Originally, there were two accused persons, however, accused No.2 Moyyasamy has been acquitted by the High Court. State has not challenged the acquittal of accused Moyyasamy. We have to therefore consider only whether the High Court was justified in confirming the conviction of the appellant for the offences stated above.

3.The prosecution case was that the two accused persons had murdered one deceased Sivakumar who had strained relationship with Accused No. 2 Moyyasamy. The relationship was strained on account of the cattle belonging to the father of the deceased namely P.W.1 Arunachalam having grazed in the field belonging to accused Moyyasamy. In fact, both P.W.1 Arunachalam and accused Moyyasamy are the real brothers while deceased Sivakumar and P.W.2 Amulnathan were the sons of Arunachalam. On account of the cattle trespass into the field of A.2 Moyyasamy, there was a quarrel. This trespass incident, seems to have taken place on 19.9.1996. Since there was an altercation between accused Moyyasamy and his brother in which accused Moyyasamy had stabbed on the neck of Arunachalam, he (Arunachalam) had reported the matter to the police.

4.The occurrence in question, according to the prosecution, took place about two months thereafter on 24.11.1996. It seems that according to the prosecution, P.W.1 Arunachalam and deceased Sivakumar were chatting with the family members when accused no. 1- Mani came there and had a cup of coffee with P.W.1 Arunachalam and his family. Mani is said to have taken Sivakumar to his house. This was at about 6.00 p.m.. Since Mani did not turn up till 10.00 p.m., P.W.1 went to the house of the appellant Mani and found that blood was oozing from the house through the water passage underneath the door frame. The house was found locked. P.W.1 Arunachalam therefore came back and he was informed by PW.2 Amulnathan that Sivakumar was found in the company of appellant Mani and acquitted accused Moyyasamy at about 7.00 p.m. Though P.W.1 Arunachalam was disturbed on account of this, he did nothing and only on the next morning at 6O clock he went to the house of the accused and found trail of blood near the house of Mani and ultimately from that he traced out the body of the deceased which was lying down in the nearby field belonging to one P.W.5 Chinnammal. It is then that P.W.1 Moyyasamy rushed to Yercaud policestation and gave a complaint. The case was registered under Section 302 I.P.C.

5.During investigation which was done on 25.11.1996 the house of appellant which was locked was broken open by the police and the house was searched. Some blood stained materials like cement flooring, human hair and blood stained brass lock were seized by the investigating officer. It was found in the post-mortem examination that the deceased had suffered six injuries on various parts of the body including the neck and that he had died due to the injuries to the vital organs and also due to the hemorrhage. The seized material was sent for the chemical analysis.

6.The investigating officer came to know that accused appellant had surrendered before the Court. He, therefore, filed an application for the police custody on 28.11.1996 and ultimately obtained the same on 06.12.1996. The prosecution further contended that on the same day on the basis of the discovery statement made by the accused appellant, blood stained clothes of the accused namely M.Os 15-17 and blood stained Koduval namely M.O. 18 were recovered from the place pointed out by the accused. The second accused (Moyyasamy) was arrested on 08.12.1996 and his blood stained clothes were also recovered. On the basis of the investigation, charge sheet came to be filed.

7.As many as 1