SUDHANSHU DHULIA, PRASHANT KUMAR MISHRA
K. P. Tamilmaran – Appellant
Versus
State By Deputy Superintendent of Police – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
Honour-killing cases require a strong and stringent measure of punishment to serve as a deterrent and uphold justice [Important Points (1)].
Courts are not restricted from asking questions that may contradict a witness’s previous statements, including those made before police, under the special powers granted by Section 165 of the Evidence Act. This does not impair or limit the powers under Section 162 of the Criminal Procedure Code [Important Points (2)] (!) (!) .
The discretion of courts under Section 311 of the Criminal Procedure Code is broad, allowing them to summon or re-examine witnesses at any stage of the trial, either suo motu or on application by any party. This ensures that courts are not deprived of valuable evidence and can exercise their powers to facilitate a fair trial [Important Points (3)] (!) (!) .
The maxim "falsus in uno, falsus in omnibus" is not applicable in our criminal justice system. A witness declared hostile and cross-examined by the prosecution can still have parts of their testimony accepted if corroborated by other reliable evidence. The court must evaluate the veracity of the testimony and distinguish credible parts from unreliable ones, especially considering reasons witnesses may turn hostile, such as trial delays [Important Points (4)] (!) (!) (!) .
The evidence of a witness who has been cross-examined by the party that called them is not automatically discredited; its value depends on the court’s assessment. Such evidence remains part of the record and can be utilized by both prosecution and defense, provided it is credible and corroborated where necessary (!) (!) (!) .
The law permits parties to cross-examine their own witnesses with the court’s leave under Section 154 of the Evidence Act, and the court has wide powers under Section 165 to pose questions to witnesses, including contradicting previous statements made before police. These powers are intended to uncover the truth and are not limited by the restrictions in the Cr.P.C. (!) (!) (!) (!) (!) .
Witnesses who are relatives or interested witnesses are not automatically disbelieved; their testimonies require careful scrutiny. The law recognizes that close relatives often witness crimes at or near their residence, and their testimonies can be credible if found trustworthy after proper examination (!) (!) (!) (!) .
The delay in trial proceedings can impact the credibility of witnesses and the overall case. Witnesses may turn hostile due to prolonged delays, but the benefit of such witnesses’ testimonies, especially when corroborated by other reliable evidence, can still be considered valid (!) (!) .
Police officers’ conduct during investigation, especially their failure to register FIR promptly and their involvement in fabricating evidence, can significantly undermine the integrity of the case. Their actions may amount to neglect of duty and misconduct, affecting the credibility of their investigation (!) (!) (!) (!) .
The investigation conducted by the police officers involved in the case was found to be motivated and dishonest, with deliberate fabrication of evidence and false implicating of innocent persons. Such conduct violates the legal mandates for proper investigation and can justify the rejection of their evidence (!) (!) .
Under the relevant laws, police officers who neglect their duties or act with malicious intent, such as failing to register FIR or fabricating evidence, can be held liable under sections of the IPC and the SC/ST Act, with penalties including imprisonment and fines (!) (!) (!) .
The court emphasized that the investigation and subsequent proceedings must aim to uncover the truth, and any evidence obtained through misconduct or fabrication is inadmissible. The role of the court is to scrutinize evidence carefully, especially when police conduct is questionable (!) (!) .
Victim compensation was awarded in this case due to the heinous nature of the crime, which was rooted in caste-based honour killing. The compensation amount is in addition to other amounts awarded and is to be paid by the State of Tamil Nadu (!) .
The judgment dismisses the appeals of the accused, confirming their convictions and sentences, and directs those on bail to surrender within a specified period to serve their remaining sentences. The court also vacates any interim orders (!) (!) .
Please let me know if you need further analysis or specific legal advice based on this case.
JUDGMENT :
SUDHANSHU DHULIA, J.
1. Leave granted.
2. The challenge before this Court in all these Appeals is to the decision of the Madras High Court dated 08.06.2022. Before proceeding to the impugned judgment, it is necessary to trace the trajectory of this case from the Trial Court onwards, since it has passed through a maze of facts.
3. A total of fifteen accused had faced trial, and the Trial Court ultimately convicted thirteen of them. Amongst them, A-1 to A-3, A-5 to A-8, A-10 to A-13 were convicted primarily under Sections 302 read with 149 of the Indian Penal Code (for short ‘IPC’). They were all sentenced to life imprisonment, except A-2 (Maruthupandiyan), who was given death sentence by the Trial Court. A-14 and A-15 were the police officers, who were convicted by the Trial Court under Sections 217, 218 of IPC and Sections 3(2)(i), 4 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC/ST Act’) and both of them were sentenced to life imprisonment. A-4 (Ayyasamy) and A-9 (Gunasekaran) were acquitted by the Trial Court, and no appeal against their acquittal was filed before the High Court.
4. By the impugned judgment, the High Court has
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