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2019 Supreme(SC) 1409
SUPREME COURT OF INDIA
L. NAGESWARA RAO, HEMANT GUPTA, JJ.
POSTMAN VENGAISAMY & ORS. – APPELLANT(S)
VERSUS
STATE REPRESENTED BY INSPECTOR OF POLICE & ORS. – RESPONDENT(S)
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1234 OF 2010
Decided On : 24-07-2019
For the Appellant(s) :P.B. Suresh, Vipin Nair, Karthik Jayashankar, Advocates
For the Respondent(s):M. Yogesh Kanna, Advocates
IMPORTANT POINT
Falsus in uno, falsus in omnibus has no application in India and is not a rule of law.
Headnote:
Indian Penal Code, 1860 – Sections 302/149, 324, 342 and 506 (Part II) – Murder, hurt, wrongful restraint and criminal intimidation – Common object – Conviction and sentence – Oral testimony of material witnesses is corroborated by medical evidence, whereas motive of taking life of deceased is made out from incident – Findings recorded by courts below are plausible findings in law – Falsus in uno, falsus in omnibus has no application in India and is not a rule of law – Even if some part of statement is found to be unproved, entire testimony of witnesses cannot be rejected – No error in judgment of conviction and sentence recorded by High Court – Appeal dismissed. (Paras 11, 14 and 15)
Facts of the case:
Murder case. 15 accused were made to stand trial before Principal Sessions Judge, Virudunagar District at Srivilliputtur. Present appeal survives only in respect of Accused No. 1–Postman Vengaisami (A-1),Accused No. 11 –Thalaiyaripandi (A-11) and Accused No. 15 –Vellachamy(A-15),as Accused No. 9 –Rathinettamatiyan (A-9), Accused No. 10 –Kotti @Kotteswaran (A-10)and Accused No. 12 –Neelamegavannan (A-12) have completed their sentence and had since been released from custody.
Findings of Court:
It is cumulative effect of evidence led by prosecution which determines whether unlawful assembly had a common object to commit culpable homicide amounting to murder.
Result : Appeal dismissed.
JUDGMENT
HEMANT GUPTA, J.
The present appeal survives only in respect of Accused No. 1
– Postman Vengaisami (A-1), Accused No. 11 – Thalaiyaripandi (A-11) and Accused No. 15 – Vellachamy (A-15), as Accused No. 9
– Rathinettamatiyan (A-9), Accused No. 10 – Kotti @ Kotteswaran (A-10) and Accused No. 12 – Neelamegavannan (A-12) have completed their sentence and had since been released from custody.
2) 15 accused were made to stand trial before Principal Sessions Judge, Virudunagar District at Srivilliputtur. The learned trial court vide judgment dated December 7, 2007 convicted A-1, A-9, A-10, A-11, A-12 and A-15 for the offences punishable under Sections 148, 302 read with Section 149 IPC, whereas A-11 was also sentenced for an offence punishable under Section 506 (Part II) IPC. Thirumeni (A-4) and Neelamegam @ Valadukai Neelamegam (A-14) died even before framing of charges by the learned trial court, whereas other accused persons i.e. Karnan (A-2), Krishnamurthi (A-3), Lingam (A-5), Poovalingam (A-6), Kesavan (A-7), Ramalingam (A-8) and Arjunan (A-13) were sentenced for a period of one or two years for the offences punishable under Sections 342 and 324 IPC. Such accused did not file any appeal before the High Court as well. However, in appeal by other accused, the High Court confirmed the sentence imposed, except in respect of Poovalingam (A-6), who was convicted for an offence under Section 324 IPC and sentenced to one year rigorous imprisonment.
3) One Chinnaperiaiyah (Father of Irulandi – PW-1) is the deceased.
The prosecution case is that Baskaran (PW-4) bought goats valuing about Rs.12,000/- from the deceased and has promised to pay the amount after 20 days. On April 8, 2003, the deceased came to Anaikulam to collect the amount from Baskaran. Baskaran (PW-4) sent his wife Rathi (PW-5) to collect the money from the persons to whom he had sold the goats. His wife received the amount but, on her way, she was waylaid by the men belonging to Postman Vengaisami (A-1) and Thalaiyaripandi (A-11) and that they also snatched the money. Baskaran (PW-4), Rathi (PW-5) and deceased Chinnaperiaiyah went to police station to lodge a report but while returning, Baskaran (PW-4), Rathi (PW-5) and deceased Chinnaperiaiyah were attacked by the men belonging to Thalaiyaripandi (A-11) due to which they sustained injuries. The deceased Chinnaperiaiyah belonged to Village Kurunthankulam whereas accused belonged to Nathakulam Village and both the villages are coming under the jurisdiction of Veeracholan Police Station.
4) After taking treatment, deceased and his son Irulandi (PW-1) went to Anaikulam Village on April 25, 2003 to collect money from Baskaran (PW-4). At that time, Ramar (PW-2), brother-in-law of Baskaran (PW-4), was present. Baskaran (PW-4) told the deceased Chinnaperiaiyah that he will pay the money next day. Therefore, the deceased Chinnaperiaiyah stayed in the house of Ramar (PW-2). It was on April 26, 2003, all the accused armed with weapons surrounded Irulandi (PW-1), Ramar (PW-2) and the deceased Chinnaperiaiyah. At that juncture, Thalaiyaripandi (A-11) instigated the other accused to finish off the deceased. In pursuance of the instigation given by Thalaiyaripandi (A-11), apart from himself, Postman Vengaisami (A-1), Rathinettamatiyan (A-9), Kotti @ Kotteswaran (A-10), Neelamegavannan (A-12), Neelamegam @ Valadukai Neelamegam (A-14) and Vellachamy (A-15) attacked the deceased with aruvals (sword) on various parts of his body. Irulandi (PW-1) was also attacked by Arjunan (A-13) with aruval on his left hand whereby Poovalingam (A-6) hit left shoulder of Ramar (PW-2). Irulandi (PW-1) and Ramar (PW-2) went to Veeracholan Police Station at about 9:30 am on April 26, 2003. On the basis of complaint, FIR (Exh. P-13) was lodged for various offences. Irulandi (PW-1) and Ramar (PW-2) were sent to Thiruchuli Government Hospital for treatment, whereas the FIR was sent to the learned Judicial Magistrate, Aruppukottai.
5) Irulandi (PW-1) and Ramar (PW
