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2016 DIGILAW 367 (MAD)

Kannan v. State by the Inspector of Police

2016-02-01

P.N.PRAKASH, R.SUDHAKAR

body2016
JUDGMENT : P.N. Prakash, J. 1. The Appellants herein/accused were tried in S.C.No.303 of 2009 by the Additional District and Sessions Judge (FTC), Vellore, and were convicted and sentenced as follows: Accused Conviction u/s Sentence A-1 & A-2 120B IPC Each two years R.I. A-1 & A-2 302 IPC Life Imprisonment for both and Fine of Rs.1,000/- each i/d three months R.I. A-1 & A-2 380 IPC Each seven years R.I. and fine of Rs.1,000/- each, in default to undergo three months R.I, each. A-1 & A-2 404 IPC Each three years R.I., and to pay a fine of Rs.1,000/- each, in default to undergo three months R.I. A-1 & A-2 449 IPC The above sentences were ordered to run concurrently. The above sentences were ordered to run concurrently. 2. The case of the Prosecution as could be seen from the evidence on record is as follows: (a) Saraswathi (deceased) was the wife of Paulsamy (PW-1) and they had no issues. During the time of incident, Paulsamy (PW-1) was working as Medical Assistant in the Ex-Servicemen Hospital and the couple were living in No.31 Tiruvalluvar Nagar, Thorapadi Post, Vellore. Paulsamy (PW-1) used to go for work at 5.00 in the morning and will return around 7.00 in the evening. (b) On 20.2.2009 (Friday), at about 7.00 p.m. when Paulsamy (PW-1) returned back from work he found the house door locked from inside. Despite repeated knocks, none opened the door. He went to the backside entrance and found that the door was open. He entered into the house and found the key of the front door in the inner side of the lock with which he opened the front door. Not finding his wife Saraswathi, he thought that she must have gone to the temple, and in search of her, he went by his scooter. Not finding her, he returned and switched on the lights in every room. When he went to the pooja room, he found his wife lying dead in pool of blood. Paulsamy (PW-1) lifted her and found cut injuries on her neck. He raised alarm, hearing which Jagadha (PW-2), Lourdhu Jayaseelan (PW-3) and Thavamani (PW-5) came there. The Thali chain and other jewellery worn by the deceased were not found on her body. When he went to the pooja room, he found his wife lying dead in pool of blood. Paulsamy (PW-1) lifted her and found cut injuries on her neck. He raised alarm, hearing which Jagadha (PW-2), Lourdhu Jayaseelan (PW-3) and Thavamani (PW-5) came there. The Thali chain and other jewellery worn by the deceased were not found on her body. (c) Paulsamy (PW-1) gave a written complaint (Ex.P-1) to Vishwakumar, Sub-Inspector of Police (PW-16), based on which a case in Bagayam Police Station Cr.No.70 of 2009 under Section 302 and 380 IPC was registered at 19.00 hours and a printed FIR (Ex.P-30) was prepared. The complaint (Ex.P-1) and printed FIR (Ex.P-30) were sent to the jurisdictional Magistrate, who received the same at 11.30 p.m. on 20.2.2009, as could be seen from the endorsement found therein. (d) Investigation of the case was taken over by Sivanesan, Inspector of Police (PW-17), who went to the scene of occurrence and requisitioned the services of S.Radhakrishnan, Finger Print Expert (PW-7) and Rajasekaran, Photographer (PW-9). (e) In the presence of witnesses Lakshmanan, Village Administrative Officer (PW-13) and Varadharajan (not examined), the Investigating Officer (PW-17) prepared Observation Mahazar (Ex.P-18) and Rough Sketches (Ex.P-31 and 32). From the place of occurrence the Investigating Officer (PW-17) seized 12 items under the cover of mahazar (Ex.P-19), attested by Lakshmanan (PW-13) and Varadharajan (not examined), of which Item No.12 is a six inches blood stained plastic bandage requires to be specially noted. (f) S.Radhakrishnan, the fingerprint expert (PW-7) lifted six chance finger prints (R-1 to R-6) found on a vessel on the door of the pooja room. The Photographs taken by Rajasekaran (PW-9) and the CD were marked as MO-12 series and MO-13 series respectively. The Investigating Officer (PW-17) despatched the body of the deceased to the Government Hospital at Adukkamparai. (g) On 21.2.2009, at the hospital mortuary, the I.O.(PW-17) conducted inquest and the inquest report was marked as Ex.P-33. (h) Dr.Vasanthamoorthy (PW-11) conducted autopsy on the body of the deceased Saraswathi, who in his evidence and post mortem certificate (Ex.P-13) has stated as follows: Appearance found at the Post Mortem: Moderately nourished body of a female. Scalp hair-black. Eyes closed. Mucous membrane of mouth, lips, tongue pale. CUT INJURIES WITH REGULAR MARGINS OVER FRONT OF NECK Four Horizontal cut injuries over front and sides of neck with clean cut regular margins were present. Scalp hair-black. Eyes closed. Mucous membrane of mouth, lips, tongue pale. CUT INJURIES WITH REGULAR MARGINS OVER FRONT OF NECK Four Horizontal cut injuries over front and sides of neck with clean cut regular margins were present. 1) An oblique cut injury measuring 13 cms in length, 0.5 cms in breadth and muscles deep. The cut injury was above thyroid cartilage and extends upto 8 cms below mastoid process on the right side, 10 cms from the left mastoid process on the left side. The upper margin of the injury was 4 cms from the left mastoid process on the left side. The upper margin of the injury was 4 cms below the sub-mentum, lower margin of the injury was 8 cms from the supra-sternal notch. O/D the cut injury cutting through skin, sub-cutaneous tissue, blood vessels-jugular vein and carotid artery, nerves on both sides of neck. 2) An oblique cut injury measuring 10 cms in length, 1 cms in breadth and muscle deep. The cut injury was over thyroid cartilage. The upper margin of the injury was 8 cms below the sub0mentum, lower margin of the injury was oblique and over laps with the upper margin of the under lying cut injury. O/D the cut injury cutting through skin, subcutaneous tissue, blood vessels, nerves on both sides of neck. 3) An oblique cut injury measuring 12 cms in length, 1 cms in breadth and muscle deep. The cut injury was below thyroid cartilage. The upper margin of the injury was 10 cms below the sub-mentum, O/D the cut injury cutting through skin, sub-cutaneous tissues, blood vessels, nerves on both sides of neck. 4) An oblique cut injury measuring 7 cms in length, 1 cms in breadth and deep. The cut injury was below thyroid cartilage. The upper margin of the injury was 12 cms below the sub-mentum, Lower margin of the injury was 4 cms from the supra sternal notch. O/D the cut injury cutting through skin, sub-cutaneous tissue, blood vessels, nerves on both sides of neck. ABRASIONS 1) Linear abrasion from middle of left thigh upto left knee of length 19 cms. 2) Linear abrasion from right knee upto upper part of anterior aspect of right leg of length 17 cms. 3) Abrasion over right side of chest of size 6x4 cms. 4) Multiple punctuate abrasions over left cheek, left eye lid right elbow present. ABRASIONS 1) Linear abrasion from middle of left thigh upto left knee of length 19 cms. 2) Linear abrasion from right knee upto upper part of anterior aspect of right leg of length 17 cms. 3) Abrasion over right side of chest of size 6x4 cms. 4) Multiple punctuate abrasions over left cheek, left eye lid right elbow present. 5) Contusion over left cheek of size 3x2x1 cm stab injury over left cheek, above left side of upper lip, 4 cms from the left nostril of size 0.5x0.5x0.5 cms. Other findings: BRAIN: Scalp, Vault, base and dura of skull bone intact. Surface vessels congested and full. On cut section, pale and petechial haemorrhage seen. HYOID BONE: Intact. LUNGS: Both side Normal. C/S Pale. HEART: Normal size, Great vessels normal, Coronary vessels patent. Coronary ostia were normal. All chambers contained fluid blood. STOMACH: 20 gms of partially digested food particles. Mucosa pale. SMALL INTESTINE: Contained yellowish chyme with bile stained fluid. No specific charecteristic smell perceived. Mucosa pale. LARGE INTESTINE: Distended with gas. LIVER, SPLEEN, KIDNEY: On cut section found pale. GALL BLADDER: Contained bile. PANCREAS: C/s. pale BLADDER: Empty. UTERUS: Normal size. C/s Empty. VERTEBRAL COLUMN AND SPINAL CORD: Intact and NAD. ALL OTHER INTERNAL ORGANS: On C/s found pale. Viscera preserved and sent for toxicological analysis through. HC 225 Name Muthu of Bagayam P.S. on 21.2.2009." Dr.Vasanthamoorthy (PW-11) opined that the deceased would appear to have died of Haemorrhagic shock due to cut injuries to the neck." (i) After postmortem, apparel worn by the deceased viz., Green colour nylon saree (MO-36), blue colour petticoat (MO-37) and green colour blouse (MO-38) were handed over to the Police for investigation purpose. (j) On 21.2.2009, the Investigating Officer examined Paulsamy (PW-1), Jagadha (PW-2), Lourdhu Jayaseelan (PW-3), Kasthuri (PW-4), Thavamani (PW-5), Senthilkumar (PW-6) and Lakshmanan (PW-13), and recorded their statements. The statements recorded by the Police and the mahazar (Ex.P-19) were received by the jurisdictional Magistrate on 22.2.2009. (k) On 25.2.2009, the Investigating Officer (PW-17) received a report from Radhakrishnan (PW-7), Finger Print Expert stating that the chance finger prints recovered from the place of occurrence tallies with the finger prints of Kannan (A-1), son of Paramasivam, involved in Vellore Town Police Station Crime No.562 of 2005 for the offence under Section 302 IPC. (k) On 25.2.2009, the Investigating Officer (PW-17) received a report from Radhakrishnan (PW-7), Finger Print Expert stating that the chance finger prints recovered from the place of occurrence tallies with the finger prints of Kannan (A-1), son of Paramasivam, involved in Vellore Town Police Station Crime No.562 of 2005 for the offence under Section 302 IPC. (l) On 27.2.2009 at 8.30 a.m. Kannan (A-1) appeared before Lakshmanan (PW-13) and gave an extra judicial confession statement (Ex.P-22). Thereafter Kannan (A-1) was handed over to the Police for further investigation. The Investigating Officer (PW-17) interrogated Kannan (A-1) in the presence of Lakshmanan (PW-13) and Varadharajan (not examined) and recorded his statement. The admissible portion of the confession statement given by Kannan (A-1) is marked as Ex.P-23. (m)Based on the disclosure made by Kannan (A-1), the Police party recovered a blood stained white half shirt (MO-31), blood stained white pant (MO-32), and six inches blood stained knife (MO-33) under the cover of mahazar (Ex.P-24), attested by Lakshmanan (PW-13) and Varadharajan (not examined). On the same day i.e, on 27.2.2009 at 11.00 a.m. on the showing of Kannan (A-1) the Police recovered gold thali chain (MO-1), gold achu thali (MO-2), gold 2 gram coins (2 Nos.)(MO-3 series), gold vazhai seepu (MO-4), gold gundu (2 Nos.) (MO-5 series), gold naanakuzhai (4 Nos)(MO-6 series), which were buried behind the house of Kannan's (A-1) mother-in-law under the cover of mahazar (Ex.P-25). (n) On the basis of intelligence, Investigating Officer (PW-17) arrested Kumar (A-2) at 14.30 hours on 27.2.2009 and recorded his statement in the presence of Soundararajan, Village Administrative Officer (PW-14) and Shivakumar (not examined). The admissible portion of the confession statement given by Kumar (A-2) was marked as Ex.P-26. (o) Based on the disclosure made by Kumar (A-2), the Police recovered the blood stained half slack shirt (MO-34), blood stained blue colour pant (MO-35), allegedly worn by the accused at the time of occurrence from an unused dilapidated house near the house of the accused under the cover of mahazar (Ex.P-27) in the presence of witnesses Soundararajan (PW-14) and Sivakumar (not examined). On the showing of Kumar (A-2), in the presence of the same witnesses, Police further recovered the Gold wheat designed chain (MO-7), a pair of Silver anklet (MO-8 series) and a pair of gold stud (MO-9 series) under the cover of mahazar (Ex.P-28). On the showing of Kumar (A-2), in the presence of the same witnesses, Police further recovered the Gold wheat designed chain (MO-7), a pair of Silver anklet (MO-8 series) and a pair of gold stud (MO-9 series) under the cover of mahazar (Ex.P-28). Paulsamy (PW-1) identified the seized jeweleries in the Police Station, as the belongings of his deceased wife Saraswathi. (p) Since there was an injury in the leg of Kumar (A-2), he was treated by Dr.Jayakumar (PW-10), who examined him under O.P.Chit (Ex.P-11), wherein he has noted an old injury with ulcer on the inner side of the right big toe. Thereafter both the accused were produced before the Judicial Magistrate and remanded to judicial custody. (q) The seized material objects with blood stains were sent to the Tamil Nadu Forensic Science Laboratory for examination through the Court. A requisition was made before the Jurisdictional Magistrate for sending Kumar (A-2) to the Forensic Science Laboratory for drawal of blood sample for the purpose of DNA profiling with the blood stains found in the six inches plaster that was recovered from the place of occurrence. On the orders of the Magistrate, Kumar (A-2) was produced before the Scientific Officer, Tamil Nadu Forensic Science Laboratory on 24.3.2009 and his blood samples were drawn. DNA was extracted from the blood stains found in the plaster and was compared with the DNA extracted from the blood sample of Kumar (A-2). Dr.Lakshmi Balasubramanian (PW-12) in her evidence and in the DNA report (Ex.P-17) stated as follows: "From the DNA typing results of the above samples, it is found that, 1. The blood stain on the item (of ref.2) belongs to a human male individual. 2. The blood stain on the item (of ref.2) is that of the alleged accused Mr.A.Kumar." (r) The Investigating Officer (PW-17) examined various experts and other witnesses and after completing investigation, filed final report on 5.5.2009 against both the accused under Sections 120B, 449, 302 and 380 IPC, before the jurisdictional Magistrate. 3. On appearance of both the accused, the provisions of Section 207 Cr.P.C. were complied with, and the case was committed to the Court of Sessions, from where the case was made over to the Additional District and Sessions Court (FTC), Vellore, where the following charges under Sections 120B, 449, 302, 380 and 404 IPC were framed against both the accused. 4. 4. When questioned about the charges, the accused pleaded "Not Guilty". To prove the charges, Prosecution examined 17 witnesses; marked 36 exhibits; and produced 38 material objects. 5. When the accused were questioned about the incriminating circumstances against them, they denied all the charges. On the side of the accused, no witness was examined, nor documents were marked. 6. After analyzing the evidence on record and hearing both sides, the trial Court convicted and sentenced the accused as aforesaid, challenging which the accused have preferred this appeal. 7. We have heard Mr.C.P.Palanichamy, learned Counsel appearing for the first appellant/accused; Mr.R.Sankarasubbu, learned Counsel appearing for the second appellant/accused and Mr.V.M.R.Rajendran, learned Additional Public Prosecutor for the State. 8. This is a case based on the circumstantial evidence, and we proceed to analyze the evidence bearing in mind the following passage from Hanumant Govind Nargundkar v. State of Madhya Pradesh ( AIR 1952 SC 343 ), which was approved by the Constitution Bench of the Supreme Court in Govinda Reddy v. State of Mysore ( AIR 1960 SC 29 ). “It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should, in the first instance, be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.” 9. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.” 9. The prosecution has projected the following circumstances to incriminate the accused: i) the extra judicial confession of Kannan (A1) to Lakshmanan, Village Administrative Officer (PW-13); ii) Recovery of M.Os.1 to 6 (gold Ornaments) on the disclosure made by Kannan (A1); iii) the evidence of finger print expert S.Radhakrishnan (PW-7), who is said to have lifted the chance finger prints from the scene of occurrence, which allegedly tallied with the fingerprint of Kannan (A1); iv) the presence of Kannan (A1) and Kumar (A2) near the scene of occurrence around 4:00p.m. on the date of occurrence, which has been spoken to by Thavamani (PW-5); v) the presence of Kannan (A1) and Kumar (A2) in that area around 7 p.m. on the date of occurrence, which has been spoken to by Senthilkumar (PW-6); vi) the recovery of blood stained plaster from the place of occurrence and the DNA profiling of the blood samples taken from Kumar (A2), which tallies with that of the DNA extracted from the plaster. vii) the recovery of gold ornaments (M.Os.7 to 9) on the disclosure made by Kumar (A2). 10. As laid down by the Hon'ble Supreme Court in Kashmira Singh vs. The State of M.P., reported in AIR 1952 SC 159 , we first propose to discuss the incriminating materials other than the extra judicial confession to see if those circumstances have been satisfactorily established by the prosecution. The cause of death of the deceased stands established by the evidence of the doctor, P.W.11, who has issued Ex.P-13, post-mortem certificate opining that the deceased appears to have died of haemorrhagic shock due to cut injuries to the neck. The death of the deceased on account of homicidal violence was not disputed by the accused before the trial court nor disputed before this Court. On the medical evidence we hold that the deceased died on account of homicidal violence. In the above backdrop, the question that arises is, are the accused offenders? 11. The death of the deceased on account of homicidal violence was not disputed by the accused before the trial court nor disputed before this Court. On the medical evidence we hold that the deceased died on account of homicidal violence. In the above backdrop, the question that arises is, are the accused offenders? 11. Paulsamy (PW-1) in his evidence has stated that on 20.02.2009, he returned from office around 7 p.m. in the evening he found the front door locked; he entered the house through the rear door and came out through the front door and not finding his wife, went in search of his wife in his scooter to the Temple, which is near to his house; not finding her there also, he returned home and he switched on the lights in each room and in the pooja room, he found his wife lying in a pool of blood. Thereafter, on seeing the body of his wife, he raised alarm and neighbours came to the place of occurrence. He lodged a complaint to the Police and the investigation commenced. It is his further evidence that Kannan (A1) is a Carpenter by profession and that he had engaged Kannan (A1) to fix mosquito nets in his house during the first week of January, 2009. At that time, his wife Saraswathi wanted a wooden stool to be made for her to sit in the pooja room and she had requested Kannan (A1) to make it. Thereafter, Paulsamy in his evidence states that he suddenly developed suspicion about the involvement of Kannan (A1) in the offence and shared it with the Police. 12. The evidence of Thavamani (PW-5) and Senthilkumar (PW-6), who say from out of the blues that they saw Kannan (A1) along with a tall man whom they identified in the Court as Kumar (A2) around 4 p.m. and 7 p.m. on the date of occurrence appears little incredible. No test identification parade was conducted by the Police for these witnesses to identify Kumar (A2). No test identification parade was conducted by the Police for these witnesses to identify Kumar (A2). The earliest lead the Police received was the report of S.Radhakrishnan (PW-7), finger print expert, who came to the scene of occurrence and lifted six chance finger prints (R-1 to R-6) of which R3 to R6 are that of Paulsamy (PW-1) and that R1 & R2 tallied with the finger prints available with the Bureau of an accused by name, P.Kannan (A-1), son of Paramasivam, involved in Vellore Town Police Station Crime No.562 of 2005 under Section 302 IPC. 13. Only on getting this information from the Finger Print Bureau, the Police could have had the clue about the involvement of one P.Kannan in the offence. After the arrest of P.Kannan (A1), the Investigating Officer did not collect his finger prints and send it to the Finger Print Bureau for comparing with the chance finger prints (R1 & R2). There is no material to show that P.Kannan who was involved in Vellore Town Police Station Crime No.562 of 2005 for the offence under Section 302 IPC, is the P.Kannan, who is accused in this case. We strongly deprecate the shoddy manner in which the investigation in this case has been conducted for the purpose of identifying A-1. 14. It may be true that P.Kannan, who is A1 in this case, is a Carpenter by profession and that he had fixed mosquito nets in the house of the deceased during the first week of January, 2009. On account of the gross failure of the Investigating Officer to collect the finger prints of P.Kannan and send the same for comparison to the Finger Print Bureau with R1 & R2 (chance finger prints lifted from the scene of occurrence), it will be a travesty of justice to convict him, based on the opinion of the finger print expert that the chance finger prints (R1 & R2) tally with the finger print of P.Kannan involved in Vellore Town Police Station Crime No.562 of 2005 under Section 302 IPC. 15. Coming to the recovery of ornaments, it is seen that, immediately after registration of FIR, Police requisitioned the services of Lakshmanan, Village Administrative Officer (PW-13) and his Assistant Varadharajan (not examined) for preparing the observation mahazar, rough sketch and spot mahazar on 20.02.2009. 15. Coming to the recovery of ornaments, it is seen that, immediately after registration of FIR, Police requisitioned the services of Lakshmanan, Village Administrative Officer (PW-13) and his Assistant Varadharajan (not examined) for preparing the observation mahazar, rough sketch and spot mahazar on 20.02.2009. Again on 27.02.2009, suddenly Kannan (A1) appeared before Lakshmanan, Village Administrative Officer (PW-13) and gave the extra judicial confession (Ex.P22) at 6.30a.m. On the very same day, the Investigating Officer had recovered M.Os.1 to 6 (gold ornaments) at 11a.m., kept buried under the sand in the river bank on the showing of Kannan (A1). This is indeed unbelievable, especially in the light of the fact that recoveries were effected in the presence of Lakshmanan, Village Administrative Officer (PW-13) and Varadharajan (not examined), who were associating themselves with the investigation from 20.02.2009 onwards. Similarly, the recovery of material objects in the presence of Soundarajan, Village Administrative Officer (PW-14) and Sivakumar (not examined) that was allegedly kept buried from under the banyan tree, does not inspire our confidence, especially in the light of the specific admission by Soundarajan, Village Administrative Officer (PW-14) that ornaments were not weighed at the time of recovery, but whereas the recovery mahazar (Ex.P28) shows the weight of each ornament. Of course, we believe the testimony of Paulsamy (PW-1) that M.Os.1 to 9 series belong to his wife, yet the evidence relating to the recovery of items does not inspire our confidence for the reasons aforesaid. 16. Coming to the extra judicial confession (Ex.P22) that was allegedly given by Kannan (A1) to Lakshmanan, Village Administrative Officer (PW-13), we are aware of the legal propositions that conviction can be solely based upon the extra judicial confession, if it is found to be truthful and voluntary. It must be remembered that Lakshmanan, Village Administrative Officer (PW-13) already knew much about this case, as he has gone to the scene of occurrence on 20.02.2009 and in his presence, the Investigating Officer has prepared the observation mahazar (Ex.P18), rough sketches (Ex.Ps.31 & 32) and spot mahazar (Ex.Ps.19 to 21). 17. Lakshmanan, Village Administrative Officer (PW-13) in his evidence spoke about the fact that he was associated with the investigation from 20.02.2009 and has further stated that on 27.02.2009, when he was in his office at 6.30a.m., Kannan (A1) appeared before him and gave the voluntary confession statement. 17. Lakshmanan, Village Administrative Officer (PW-13) in his evidence spoke about the fact that he was associated with the investigation from 20.02.2009 and has further stated that on 27.02.2009, when he was in his office at 6.30a.m., Kannan (A1) appeared before him and gave the voluntary confession statement. Thereafter, he stated that he recorded the six page confession statement and has obtained the signature of Kannan (A1) only in the last page. The highlight in the confession is that, Kannan and Kumar had decided to do away with Saraswathi and after coming to her house, Kannan realized that he had not carried any weapon and therefore, he took the weapon from inside Saraswathi's house for committing the offence. This sounds like a fairy tale. Therefore, we have no hesitation to reject the extra judicial confession (Ex.P21) as fanciful and imaginary. 18. The last piece of incriminating evidence is the DNA profiling. Mr.R.Sankarasubbu, learned counsel appearing for the 2nd appellant/A2 submitted that Kumar (A-2) was arrested by Police on 27.02.2009 and was remanded to judicial custody after the recoveries were effected. Thereafter, Police have made an application to the Judicial Magistrate on 09.03.2009 for a direction to draw blood samples of Kumar (A2) for the purpose of DNA profiling. According to Mr.R.Sankarasubbu, this amounts to custodial interrogation and it could not have been done beyond the period of first 15 days of remand. He relied upon the judgment of the Supreme Court in the case of Central Bureau of Investigation, Special Investigation Cell-I, New Delhi vs. Anupam J.Kulkarni, reported in (1992) 3 SCC 141 . In our considered opinion, this argument deserves to be rejected outright for the following reasons. 19. Way back in State of Bombay v. Kathi Kalu Oghad, [1962] 3 SCR 10, a Constitution Bench of the Supreme Court has said that drawal of blood samples from a prisoner is not violative of Article 21 of the Constitution of India. This principle has been reiterated in several decisions upto the Constitution Bench judgment, in Selvi vs. State of Karnataka, reported in 2010 (7) SCC 263 . Therefore, sending an accused, who is in remand to a Medical Practitioner or to the Forensic Sciences Department for the purpose of drawal of blood samples will not amount to Police custody within the meaning of Section 167 of Cr.P.C. 20. Therefore, sending an accused, who is in remand to a Medical Practitioner or to the Forensic Sciences Department for the purpose of drawal of blood samples will not amount to Police custody within the meaning of Section 167 of Cr.P.C. 20. Law does not say that such drawal of blood samples should be done within the first 15 days of remand of the accused. Instances are not infrequent where Police may obtain incriminating materials like blood stain etc., after 15 days of remand of the accused and under such circumstances, to say that, in anticipation of getting an incriminating material, Police ought to have drawn samples within the first 15 days of remand, would be ludicrous. 21. Mr.R.Sankarasubbu placed several literature from various textbooks to assail the evidence of Dr.Lakshmi Balasubramanian (PW-12) and her DNA report (Ex.P17). 22. In Kusa and others vs. State of Orissa, (1980) 2 SCC 207 , the Supreme Court has held that the evidence of an expert witness cannot be contradicted merely by referring to certain passages in a treatise on the subject without those passages being confronted to the expert witness. 23. In this case, nothing has been done by the defense to confront Dr.Lakshmi Balasubramanian (PW-12) with the passages that are now being relied upon by Mr.R.Sankarasubbu to impeach her testimony. 24. It is seen that on 12.03.2009, the Tamil Nadu Forensics Science Department received a cardboard box, containing a piece of white gauze cloth with adhering synthetic plaster through one D.Gopala Krishnan, Gr.I Police Constable No.1629. It must be noted that D.Gopala Krishnan, Gr.I Police Constable No.1629 was not examined in the Court. However, the biological report dated 24.03.2009 (Ex.P5) shows that blood was detected in the above item. The item was referred to the Serologist for further examination and the serology report dated 01.07.2009 (Ex.P6) shows the blood group as “Human-B”. On 24.03.2009, Kumar (A2) was produced before the Assistant Director (DNA Unit), Forensic Sciences Department, Chennai and his blood samples were drawn after receiving his consent. Dr.Lakshmi Balasubramanian (PW-12) extracted DNA from the white gauze cloth and compared it with the DNA extracted from the blood samples of Kumar (A2) and gave her report in Ex.P17, in which it is stated that the DNA profile tallies. 25. We have no reasons to doubt the test results of the expert. Dr.Lakshmi Balasubramanian (PW-12) extracted DNA from the white gauze cloth and compared it with the DNA extracted from the blood samples of Kumar (A2) and gave her report in Ex.P17, in which it is stated that the DNA profile tallies. 25. We have no reasons to doubt the test results of the expert. What we are not able to comprehend is, Police have recovered only a blood stained plaster measuring six inches from the place of occurrence, as could be seen from the observation mahazar (Ex.P18) and seizure mahazar (Ex.P19) and there is no reference to the gauze cloth in that. Kumar (A-2) was arrested on 27.02.2009 and he was produced for medical examination before Dr.Jayakumar (PW-10), Causalty Doctor, Government Hospital, Vellore around 7.05p.m. on the same day. The Doctor has noted an one month old healed injury in the inner part of the right toe. Therefore, there could have been no necessity for A2 to wear plaster for the one month old healed injury, just seven days before the occurrence, i.e., on 20.02.2009. As noted by us earlier, what was recovered from the place of occurrence is the six inch blood stained plastic bandage and what was sent for chemical examination was blood stained gauze cloth with plaster. D.Gopala Krishnan, Gr.I Police Constable No.1629 was not examined by the prosecution for reasons best known to them in order to prove the chain of custody of the said material object. The six inch bloodstained plastic bandage was recovered on 20.02.2009; Kumar (A2) was arrested on 27.02.2009 and the item that was sent to the Forensic Sciences Department is the white gauze cloth with adhering synthetic plaster. In this background, the failure of prosecution to examine D.Gopala Krishnan, Gr.I Police Constable No.1629, in order to prove the possession of the material object in his custody, assumes significance and this casts a serious doubt on the prosecution case. Since the prosecution has not proved the chain of circumstances beyond reasonable doubt, the accused are entitled to acquittal. 26. Accordingly, this Criminal Appeal is allowed. The conviction and sentence imposed on the appellants by the learned Additional District and Sessions Judge (Fast Track Court), Vellore dated 30.12.2011 in S.C.No.303 of 2009 are set aside and the accused are acquitted of all the charges framed against them. 26. Accordingly, this Criminal Appeal is allowed. The conviction and sentence imposed on the appellants by the learned Additional District and Sessions Judge (Fast Track Court), Vellore dated 30.12.2011 in S.C.No.303 of 2009 are set aside and the accused are acquitted of all the charges framed against them. The appellants/accused are directed to be released forthwith unless their custody/detention is required in connection with any other case. The bail bonds, if any, executed by the appellants/accused, shall stand cancelled. The fine amount, if any paid, is ordered to be refunded to the accused. We also direct the Trial Court to hand over the custody of M.Os.1 to 9 to Paulsamy (PW-1) by issuing notice to him.