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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M.KARPAGAVINAYAGAM & THE HONOURABLE MR.JUSTICE S.SARDAR ZACKRIA HUSSAIN
Sidhik Ali & Others - Appellant
Versus
The Inspector of Police - Respondents
CRIMINAL APPEAL No.748 of 1999
Decided On : 12 August 2005
Criminal Appeal - Conviction under Section 302 read with 34 I.P.C. - [Sections 341, 302 read with 34 I.P.C.] - The court analyzed the evidence and found the testimony of the eye witnesses unreliable, leading to the conclusion that the prosecution failed to prove its case beyond reasonable doubt. The conviction and sentence imposed on the accused were set aside, and they were acquitted of the charges.
Fact of the Case:
The deceased, a peace activist, was stabbed to death by the accused. The prosecution relied on the testimony of eye witnesses, identification parade, and other material evidence to establish the guilt of the accused.
Finding of the Court:
The court found the testimony of the eye witnesses unreliable and raised doubts about their presence at the scene of occurrence. The identification parade also raised concerns as the witnesses incorrectly identified the accused. As a result, the court concluded that the prosecution failed to prove its case beyond reasonable doubt.
Issues: Reliability of eye witness testimony, accuracy of identification parade, and sufficiency of evidence to establish guilt beyond reasonable doubt.
Ratio Decidendi: The court emphasized the importance of reliable and consistent witness testimony in establishing guilt beyond reasonable doubt. It also highlighted the need for accurate identification procedures to ensure the credibility of witness identification.
Final Decision: The conviction and sentence imposed on the accused were set aside, and they were acquitted of the charges.
(Criminal Appeal against the conviction and sentence dated 16.8.1999 passed in S.C.No.84 of 1997 on the file of the II Additional Sessions Judge, Coimbatore.)
M.Karpagavinayagam, J.
The appellants (A1 to A4) were tried for the offences under Sections 341 and 302 read with 34 I.P.C. Ultimately, the trial Court acquitted the accused in respect of the first charge and convicted them for the offence under Section 302 read with 34 I.P.C. Challenging the same, this appeal has been filed.
2. The brief facts leading to the conviction could be summarised as follows:
"(a) The deceased Ameer alias Kottai Ameer was the District level Organizer of a minority wing of the Coimbatore District Janatha Dal Party. He was also a member of the Coimbatore District Peace Committee. He indulged himself in the activities of creating peace among Hindu and Muslim communities. The activities led to estranged feeling within his community. This further aggravated among the minds of the Muslims. When the deceased went to Koniamman Temple, he received temple Mariyatha and thilak was put on his forehead inside the temple. In the meantime, one Basha was arrested. He is the father of Sidhik Ali, the first accused. The deceased appealed to the Muslims to keep themselves away from violence and to maintain peace and order in the society. Getting infuriated over the activities of the deceased, the Muslim fundamentalists used to threaten the deceased through phone calls with dire consequences.
(b) In the above fact situation, the occurrence had taken place on the morning of 18.3.1994 when the deceased Kottai Ameer went for walking which was his daily routine practice. When the deceased was walking near Thirukudumba Kalyana Mandapam, the accused 1 to 4 surrounded him and stabbed him indiscriminately with knives. On receipt of the injuries, the deceased fell down unconsciously.
(c) P.W.2 Guru and P.W.3 Anthony, who were proceeding from Kempatti Colony towards Town Hall witnessed this occurrence. On seeing the occurrence, they got down from their cycles and chased the accused. But, the accused managed to escape from P.Ws.2 and 3. P.W.10 also witnessed the four persons running in the road leading to Ukkadam.
(d) P.W.6 Koya, friend of the deceased, on coming to know that someone was attacked in the scene, he came to the scene of occurrence and found his friend Ameer @ Kottai Ameer lying down in a pool of blood. On noticing that the deceased was unconscious, he proceeded to the house of the deceased and conveyed the news to P.W.1 Shajahan, son of the deceased.
(e) Immediately thereupon, P.W.1 and P.W.6 went to the scene of occurrence and engaged an auto driven by P.W.11 and took victim to K.G.Hospital, Coimbatore. P.Ws.2 and 3, who chased the accused, came back to the scene and heard that the deceased was taken by some persons in the auto-rickshaw.
(f) P.W.7 Dr.Abdul Muthalif attached to K.G.Hospital, examined the victim and found that the victim was already dead. It was at about 7.00 a.m. Then, the dead body of the deceased was sent for post-mortem to the Government Hospital through the Hospital Ambulance.
(g) P.W.8 Dr.S.Natarajan, attached to Coimbatore Medical College Hospital issued Ex.P7, copy of the Accident Register. He sent the death intimation Ex.P8 to the Out Post Police Station.
(h) P.W.1 thereupon rushed to B1 Police Station at about 7.45 a.m. and gave Ex.P1 complaint to P.W.16 Inspector of Police. The case was registered in Crime No.608 of 1994 for the offences under Sections 341 and 302 I.P.C. The printed F.I.R. Ex.P20 and Ex.P1 were sent to the Judicial Magistrate and the copies were sent to the superior police officers.
(i) Then, P.W.16, the Inspector of Police took up investigation and went to the scene of occurrence and prepared observation mahazar and drew rough sketch. He recovered M.O.5 bloodstained Tar, M.O.6 ordinary Tar, M.O.7 series bloodstained optical glass pieces and M.O.8 rubber footwear 1 pair.
(j) Thereafter, P.W.16 went to the hospi
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