Judgment :- R.Banumathi, J. Appellant is the Accused in S.C.No.174 of 2001 on the file of Additional Sessions Court (Fast Track Court No.I) Chengalpet. By the Judgment dated 11.03.2002, the Appellant / Accused was convicted for the offences punishable under Sections 302 and 404 I.P.C and sentenced to undergo Life Imprisonment for the conviction of Murder and Rigorous Imprisonment of two years for the charge of Dishonest misappropriation of property possessed by Deceased person at the time of his death. 2. Case of Prosecution could briefly be stated thus:- Deceased – Karivaradan is the Father of P.W.1-Mohan and P.W.2-Babu. They are all residing in Bajanai Kovil Street, Manappakkam. Deceased-Karivaradan was working as night Watchman in Vijaya Chemicals Company in Manappakkam. The Accused was residing in the house of Karivaradan as a Tenant along with his Wife-Ambiga and two children. The Accused was addicted to drinks. He was frequently quarreling with his Wife-Ambiga. Karivaradan was chastising the Accused for quarreling with his Wife, which resulted in frequent quarrel between the Accused and Karivaradan. Deceased-Karivaradan asked the Accused to vacate the house. On 09.12.1999, the Accused received back Rs.500/- from Karivaradan, which was paid as advance. 3. On 09.12.1999 – 07.30 p.m, there ensued a wordy quarrel between Karivaradan, the Accused and his Wife-Ambiga. The same was witnessed by P.W.7-Varadan. P.W.7 saw the Accused with M.O.12-Vettukathi .The Accused was found to be wearing M.O.1-Sweater and M.O.2-Lungi. 4. On the night of 09.12.1999, Karivaradan had his food in the house of his Son-P.W.2 and went to the work. In the mid night, at about 12.30 a.m, near Vijaya Chemicals, the Accused picked up quarrel with Karivaradan. P.W.4-Madhankumar and his Friend-Balu saw Karivaradan and the Accused quarreling with each other. P.W.4 and his Friend-Balu pacified them. At that time, the Accused was found to be wearing M.O.1-Sweater and M.O.2-Lungi. 5. On the mid night of 09.12.1999 / 10.12.1999 – 01.30 a.m, P.W.6-Sebastian saw the Accused going in a bicycle near Vijaya Chemicals. 6. On the morning of 10.12.1999, P.W.1-Mohan learnt that his Father-Karivaradan was done to death in Vijaya Chemicals. P.Ws.1 and 2 went to the scene of occurrence and found their Father dead with cut injuries inflicted all over the body. 7. P.W.1-Mohan went to Nandampakkam Police Station at about 07.30 a.m on 10.12.1999 and lodged Ex.P.1-Complaint. 6. On the morning of 10.12.1999, P.W.1-Mohan learnt that his Father-Karivaradan was done to death in Vijaya Chemicals. P.Ws.1 and 2 went to the scene of occurrence and found their Father dead with cut injuries inflicted all over the body. 7. P.W.1-Mohan went to Nandampakkam Police Station at about 07.30 a.m on 10.12.1999 and lodged Ex.P.1-Complaint. On the basis of Ex.P.1, P.W.11-Sub Inspector of Police registered the case in Crime No.624 of 1999 under Sec.302 I.P.C under Ex.P.10-F.I.R. 8. P.W.12-Inspector of Police had taken up the Investigation. Scene of occurrence-Vijaya Chemicals was inspected in the presence of P.W.5-Inbarasu and one Nethaji. Ex.P.2-Observation Mahazar and Ex.P.11-Rough Plan were prepared on the scene of occurrence. Blood stained clothes of Karivaradan (M.Os.3 to 6) and Gold Rings of Karivaradan (M.O.7 series) were seized under Ex.P.7-Seizure Mahazar. Witnesses were examined in the presence of Panchayatars and Inquest was held on the body of Deceased-Karivaradan. Ex.P.12 is the Inquest Report. After the Inquest, the body was sent for Autopsy. 9. P.W.9-Dr.Thangaraj has conducted the Autopsy on the body of Deceased-Karivaradan. Sixteen cut injuries and Incised wounds were noted. Varying sizes of Incised Wounds gaping chop wounds on the Neck were noted. Opining that the death was due to shock and Haemorrhage, P.W.9 issued Ex.P.9-Post Mortem Certificate. 10. P.W.8-Baskar is the resident of Bajanai Kovil Street in Manappakkam. On the early morning of 12.12.1999, the Accused went to him weeping. When P.W.8 asked him, the Accused gave a Confession Statement about his involvement in the Murder of Watchman-Karivaradan and sought the help of P.W.8 and one Pannerselvam to surrender before Nandampakkam Police. P.W.8 and his Friend-Pannerselvam had taken the Accused to Nandampakkam Police Station. P.W.12-Inspector of Police arrested the Accused and interrogated him. The Accused had voluntarily given a Confession Statement. His Confession Statement lead to the recovery of M.O.1-Sweater, M.O.2-Lungi, M.O.12-Vettukathi , M.O.13-Gold Chain and M.O.14-Atlas Cycle under Ex.P.6-Seizure Mahazar. The Accused was remanded to judicial custody. 11. The seized Material Objects were sent for Chemical Analysis. On receipt of Chemical Report and on completion of formalities of Investigation, the Accused was charge sheeted for the offences punishable under Sections 302 and 404 I.P.C. 12. In the Trial Court, to substantiate the Charges against the Accused, P.Ws.1 to 12 were examined. Exs.P.1 to 17 were marked. M.Os.1 to 14 were produced to the Court. On receipt of Chemical Report and on completion of formalities of Investigation, the Accused was charge sheeted for the offences punishable under Sections 302 and 404 I.P.C. 12. In the Trial Court, to substantiate the Charges against the Accused, P.Ws.1 to 12 were examined. Exs.P.1 to 17 were marked. M.Os.1 to 14 were produced to the Court. The Accused was questioned under Sec.313 Crl.P.C about the incriminating evidence and circumstances against him. The Accused admitted being a Tenant under Karivaradan. But the Accused had denied his involvement in the offence and pleaded that a false case is foisted against him. Onbehalf of defence, D.W.1-Ambiga, Wife of the Accused was examined. 13. By the assessment of evidence, learned Sessions Judge found that the Prosecution has proved the enmity of the Accused towards Karivaradan. The Trial Court accepted the evidence of P.Ws.4 and 6 as reliable and credible. Finding that the recovery of M.Os.1 and 2 at the instance of the Accused, which he was found to be wearing at the time of the occurrence, is a formidable circumstance to connect the Accused with the offence, learned Sessions Judge convicted the Appellant / Accused as aforesaid in para (1). 14. Aggrieved over the verdict of Conviction and Sentence, the Appellant / Accused has preferred this Appeal. Assailing the verdict of conviction and the reasonings, learned counsel for the Appellant / Accused mainly attacked the reliability of P.W.4-Madhankumar. Attacking the evidence of P.W.8-Baskar, learned counsel for the Accused has submitted that the alleged surrender to P.W.8 and his handing over of the Accused to the Police and the subsequent recovery is highly improbable and such evidence is foisted only to bolster the Prosecution case. Contending that the Charge under Sec.404 I.P.C is unsustainable, learned counsel has submitted that if dishonest misappropriation of the Gold Jewels had been the intention of the Accused, the Accused would have removed even M.O.7 series – Gold Rings of the Deceased. It is further contended that M.O.7 series – Gold Rings being not removed substantially discredits the Prosecution case throwing serious doubts on the Prosecution case. 15. Laying emphasis upon the enmity between the Accused and the Deceased-Karivaradan, learned Additional Public Prosecutor has drawn the attention of the Court to the evidence of P.W.4, which establishes the circumstance that Karivaradan was last seen alive in the company of the Accused. 15. Laying emphasis upon the enmity between the Accused and the Deceased-Karivaradan, learned Additional Public Prosecutor has drawn the attention of the Court to the evidence of P.W.4, which establishes the circumstance that Karivaradan was last seen alive in the company of the Accused. Further submitting that P.W.6 saw the Accused after the occurrence and taking us through the evidence of P.W.8 to whom the Accused surrendered, learned Additional Public Prosecutor has submitted that the conduct of the Accused in such surrender and the recovery of M.O.1-Sweater, M.O.2-Lungi, M.O.12-Vettukathi (btl;Lf;fj;jp) are the clinching circumstances establishing the guilt of the Accused. Submitting that the reasonings of the conviction are well balanced, learned Additional Public Prosecutor has urged that there is no reason warranting interference in the verdict of conviction and the sentence of Imprisonment imposed upon the Appellant / Accused. 16. We have carefully considered the submissions of both sides, evidence on record and the Judgment of the Trial Court. In such careful analysis of the evidence, the following points arise for our consideration in this Appeal:- (1)Whether the circumstances relied upon by the Prosecution are established by credible and reliable evidence and whether those proved circumstances are sufficient to sustain the conviction? (2)Whether the verdict of conviction suffers from any infirmity warranting interference? 17. From the facts detailed above, it is clear that the case of the Prosecution rests upon the circumstantial evidence. The Prosecution seeks to draw conclusion of guilt from the following formidable circumstances:- i.Enmity of the Accused towards Deceased-Karivaradan; ii.that there was quarrel between the Accused and Karivaradan on 09.12.1999; iii.that the Accused was found to be fiercely fighting with Karivaradan near Vijaya Chemicals on the mid night of 09.12.1999; after the occurrence, the Accused was found to be proceeding at 01.30 a.m; iv.Extra Judicial Confession to P.W.8 and the arrest of the Accused and the recovery. In every case based upon circumstantial evidence, in this case as well, the question that need to be determined is whether all the above circumstances from which inference of guilt is sought to be drawn is proved by cogent and reliable evidence. It is also to be seen whether all the links in the chain of circumstance is so complete pointing out to guilt of the Accused and ruling out the possibility of his innocence. 18. Admittedly, the Accused was a Tenant under Deceased – Karivaradan. It is also to be seen whether all the links in the chain of circumstance is so complete pointing out to guilt of the Accused and ruling out the possibility of his innocence. 18. Admittedly, the Accused was a Tenant under Deceased – Karivaradan. From the evidence of P.Ws.1 and 2, it is made clear that the Accused was addicted to drinks and picked up quarrel with his Wife-Ambiga and Karivaradan was chastising the Accused for such behaviour, which resulted in quarrel between Karivaradan and the Accused. Since there was quarrel between the Accused and Karivaradan, the Accused had been asked to vacate the house. On 09.12.1999, the house rent advance of Rs.500/- was returned back to the Accused and Karivaradan asking him to vacate the house. A quarrel ensued between the Accused, his Wife and the Deceased-Karivaradan. P.W.7-Varadan, resident of Bajanai Kovil Street had seen the Accused quarreling with the Deceased. The Accused was also found to be having M.O.12-Vettukathi (btl;Lf;fj;jp). That the Accused had enmity with the Deceased-Karivaradan is a strong piece of evidence against the Accused. Quite probably, the Accused developed ill will towards the deceased. By proof of enmity and motive, the Prosecution case is rendered probable. 19. Immediate inducement for the occurrence was the quarrel on 09.12.1999 and repayment of the house rent advance of Rs.500/- and the quarrel between the Accused and the deceased. At the time of quarrel, P.W.7 saw the Accused wearing M.O.1-Sweater and M.O.2-Lungi. Karivaradan was aged 80 years. The Accused is aged 48 years. The natural human conduct of the Accused would have been to develop the desire of revenging the Deceased-Karivaradan. 20. After taking his night food in the house of P.W.2-Babu, Karivaradan proceeded to his work in Vijaya Chemicals. The Accused seems to have followed the deceased. In the mid night, near Vijaya Chemicals, the Accused picked up quarrel with the deceased-Karivaradan. P.W.4 and his Friend-Balu saw the Accused quarreling with Karivaradan. The Accused was heard saying “....vd; FLk;gj;ijna bfLj;J tpl;lha;. vg;nghJ ,Ue;jhYk; cd;id btl;lhky; tpl khl;nld;....” P.W.4 and his Friend-Balu pacified the Accused and the Deceased and went away. P.W.4 saw the Accused wearing M.O.1-Sweater and M.O.2-Lungi. The evidence of P.W.4 is a strong piece of evidence against the Accused. 21. P.W.4 and his Friend-Balu saw the Accused quarreling with Karivaradan. The Accused was heard saying “....vd; FLk;gj;ijna bfLj;J tpl;lha;. vg;nghJ ,Ue;jhYk; cd;id btl;lhky; tpl khl;nld;....” P.W.4 and his Friend-Balu pacified the Accused and the Deceased and went away. P.W.4 saw the Accused wearing M.O.1-Sweater and M.O.2-Lungi. The evidence of P.W.4 is a strong piece of evidence against the Accused. 21. Learned counsel for the Appellant / Accused has attacked the credibility of P.W.4 contending that P.W.4 had only occasioned to pass by and that he has only been a chance witness and introduced for the purpose of case. It is further contended that the above words said to have been uttered by P.W.4 were not stated by him when he was earlier examined by the Police in his Statement recorded under Sec.161(3) Crl.P.C. These points attacking the credibility of P.W.4 are not acceptable to us. P.W.4 has convincingly explained his presence at mid night near Vijaya Chemicals. He has stated that he and his Friend-Balu went to Nandampakkam and were returning. There is no valid reason to doubt the same. By perusal of the earlier Statement of P.W.4-Madhankumar recorded under Sec.161(3) Crl.P.C, it is seen that he has only stated, thereby we find gist of narration of the heated exchange is clearly stated. Such minor variation in narration of words uttered does not in any way undermine the reliability of P.W.4, who is a Witness from independent source. 22. After the occurrence on 09.12.1999 – 01.30 a.m, P.W.6 saw the Accused proceeding in a bicycle near Vijaya Chemicals. The conduct of the Accused proceeding in a bicycle near the scene of occurrence is a formidable evidence pointing towards his guilty mind. 23. Karivaradan was brutally done to death. M.O.12-Vettukathi ,which was used for cutting Tender Coconuts was wielded by the Accused. On the night of 09.12.1999, when P.W.9 saw the Accused quarreling with Karivaradan, the Accused was found to be having M.O.12 in his hand. The definite intention of the Accused to kill the deceased is manifested by his conduct in following Karivaradan to his work place. The place of occurrence – near Watchman’s room in Vijaya Chemicals clearly shows the intention of the Accused in choosing the place. Time chosen viz., the mid night where Karivaradan would be alone keeping watch of the place of his work is also of great importance. The place of occurrence – near Watchman’s room in Vijaya Chemicals clearly shows the intention of the Accused in choosing the place. Time chosen viz., the mid night where Karivaradan would be alone keeping watch of the place of his work is also of great importance. From Ex.P.9-Post Mortem Certificate, we find that as many as 16 deep cut injuries and Incised Wounds were inflicted on Deceased-Karivaradan. Most of the injuries are caused around the Neck, evidencing the intention of the Accused in causing the Murder of Deceased-Karivaradan. 24. The aged man Karivaradan was gruesomely done to death. The natural human conduct would be to feel remorse for the same. Perhaps under sense of repentance, on 12.12.1999 the Accused approached P.W.8-Baskar and made Extra Judicial Confession and sought his help to surrender before the Police. Evidence of P.W.8 as to the conduct of the Accused in approaching him and making Extra Judicial Confession is cogent and reliable. When the Accused was produced in Nandampakkam Police Station, the Accused when being interrogated confessed to his guilt. His Confession Statement lead to the recovery of M.O.1-Sweater and M.O.2-Lungi and M.O.12-Vettukathi(btl;Lf;fj;jp), M.O.13-Gold Chain of Karivaradan and M.O.14-Atlas Cycle. M.O.5-Banian, M.O.6- Dhothi blood stained clothes of the Accused were found to be containing “A-Group” blood. The same “A-Group” blood was detected in M.O.1-Sweater and M.O.2-Lungi. Detection of “A-Group” blood in M.Os.1 and 2 is a strong militating circumstance against the Accused. In the absence of any satisfactory explanation, legitimate inference of guilt is to be drawn against the Accused. 25. This is all the more so, M.O.12-Vettukathi and M.O.13-Gold Chain were recovered at the instance of the Accused. When the clothes of the Accused are stained with blood, the absence of any explanation is a strong evidence against the Accused pointing out towards his guilt. Likewise, the Accused has no reasonable explanation to offer for being in possession of M.O.13-Gold Chain of Deceased-Karivaradan. 26. The evidence of P.W.8 is attacked on the ground that P.W.8 is brought up for the purpose of the case and that he is known to the family of Karivaradan. Contending that it is highly improbable that the Accused would have gone to P.W.8-Baskar seeking his help for surrender before the Police, learned counsel for the Appellant / Accused attacked the reliability of P.W.8. Evidence of P.W.8 does not stand in isolation. Contending that it is highly improbable that the Accused would have gone to P.W.8-Baskar seeking his help for surrender before the Police, learned counsel for the Appellant / Accused attacked the reliability of P.W.8. Evidence of P.W.8 does not stand in isolation. It has been followed by the arrest of the Accused by the Police and the recovery of incriminating articles under Ex.P.6-Seizure Mahazar. 27. Charge against the Accused under Sec.404 I.P.C – Dishonest misappropriation of property possessed by deceased person at the time of his death is attacked as improbable. Learned counsel for the Appellant / Accused contended that, if really the Appellant had the intention of so removing the Gold Jewels, he would not have left on the body M.O.7 series – Gold Rings – Three in numbers. One is unable to pursue the intention of the Accused on this score. Perhaps, he might have left M.O.7 series – Gold Rings experiencing the difficulties in removing the same. The fact that M.O.7 series – Gold Rings not being removed does not in any discredit the Prosecution Case. 28. To substantiate the defence denying the involvement in the commission of the offence, onbehalf of the Accused his Wife-Ambiga was examined as D.W.1. D.W.1 has deposed before the Court that they were living happily and that there were no differences between her and her husband/Accused. By the evidence of P.Ws.1,2 and 7, the Prosecution has convincingly established the quarrel between the Accused and his Wife and inference by Karivaradan, which has angered the Accused. In such circumstances, the interested testimony of D.W.1 does not shake the Prosecution case. 29. The circumstances relied upon by the Prosecution noted above in para (16) are well established by cogent and reliable evidence. The chain of evidence is also so complete pointing out to the guilt of the Accused. In careful analysis of the evidence and the reasonings of the Trial Court, we find that there is no erroneous approach in appreciation of evidence or in arriving at the conclusion of guilt. This Appeal is bereft of merits and is liable to be dismissed. 30. The Accused was already a Life Convict in S.C.No.12 of 1985. His conviction was confirmed by the High Court in C.A.No.660 of 1995. This Appeal is bereft of merits and is liable to be dismissed. 30. The Accused was already a Life Convict in S.C.No.12 of 1985. His conviction was confirmed by the High Court in C.A.No.660 of 1995. While imposing Sentence in the Trial Court when the Accused was questioned on the Sentence of Imprisonment, invoking Sec.427(2) Crl.P.C, on behalf of the Accused concurrent sentence with previous sentence was pleaded. Accepting the defence plea, and invoking Sec.427(2) Crl.P.C, learned Sessions Judge has directed the Sentence of Imprisonment of Life imposed on the Accused in this case to run concurrently with previous Life Imprisonment imposed in S.C.No.12 of 1985. No contentious point was raised before us on this aspect. 31. C.A.No.1212 of 2002:- Therefore, the Judgment (dated 11.03.2002) of the Additional Sessions Judge (Fast Track Court No.I) Chengalpet in S.C.No.174 of 2001 convicting the Appellant / Accused for the offences under Sections 302, and 404 I.P.C and the sentences of Imprisonment imposed upon him are confirmed and this Appeal is dismissed.