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2004 Supreme(Mad) 1334
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM & THE HONOURABLE MRS. JUSTICE R. BANUMATHI
Jayashankar - Appellant
Versus
Union Territory of Pondicherry - Respondents
Criminal Appeal No.963 of 2002
Decided On : 19 October 2004
The main legal point established in the judgment is the reliance on circumstantial evidence, medical evidence, and subsequent conduct to confirm the guilt of the accused.
Headnote:
Criminal Law - Homicide - Sec.302, Sec.201, Sec.354 I.P.C - Summary of Acts and Sections: The court discussed the application of Sec.302, Sec.201, and Sec.354 of the Indian Penal Code. The judgment highlighted the medical evidence of asphyxia due to throttling and the subsequent conduct of the accused, which influenced the court's decision.
Fact of the Case:
The prosecution alleged that the accused sexually molested and throttled a child, leading to her death. The accused was convicted based on circumstantial evidence, medical evidence of asphyxia due to throttling, and his subsequent conduct.
Finding of the Court:
The court found the accused guilty based on the circumstantial evidence, medical evidence, and the accused's conduct, which indicated his guilt.
Issues: The issues included establishing the homicidal death, proving the accused's responsibility for the death, and assessing the sufficiency of the circumstantial evidence.
Ratio Decidendi: The court relied on the medical evidence of asphyxia due to throttling, the accused's conduct, and the established circumstances to confirm the conviction and sentence of the accused.
Final Decision: The judgment of the Trial Court convicting the accused for the offenses under Sections 302, 201, and 354 I.P.C was confirmed, and the appeal was dismissed.
R. Banumathi, J.
Appellant is the Accused in S.C.No.48 of 2000 on the file of Additional Sessions Judge, Karaikkal. By the Judgment dated 11.12.2001, learned Sessions Judge has convicted the Appellant / Accused under Sec.302 I.P.C and sentenced him to undergo Life Imprisonment and also imposed fine of Rs.1000/-. The Appellant was also convicted under Sec.201 I.P.C and sentenced to undergo Rigorous Imprisonment for three years and also under Sec.354 I.P.C and sentenced to undergo Rigorous Imprisonment for one year.
2. Case of Prosecution could be stated thus:-
Deceased Child-Surya alias Manimekalai (hereinafter referred to as “Surya”) is the Daughter of P.W.1-Vaidyanathan. On the afternoon of 08.12.1999, Surya was found playing with one small Scooter Tyre and Stick (M.Os.4 and 5). In the afternoon, the Accused approached P.W.8-Mahalingam and asked for money by pledging the Tiffin Carrier. Later, the Accused gave his Watch (M.O.1) to P.W.8-Mahalingam and taken Rs.50/-. At the request of the Accused, P.W.9-Fasil went to the Toddy Shop for purchase of liquor. At that time, the Accused went to his house. After purchasing liquor for Rs.30/-, P.W.9 came to the house of P.W.8. The Accused also came back to the house of P.W.8. Then the Accused and P.Ws.8 and 9 had consumed liquor. The Accused asked P.Ws.8 and 9 to come with him to his house. Since P.W.8-Mahalingam refused to come with him, the Accused had taken P.W.9 and one Sankar to his house. In the house, the Accused asked P.W.9 to find out what is floating in the Water Pond. P.W.9 and Sankar were reluctant to get inside the Water Pond. Later, the Accused called his Father; the Accused himself got into the Water Pond and had taken the body of the Child – Surya. The body of the Child – Surya was handed over to P.W.17-Premanandam, who in turn handed over to P.W.18-Karthikeyan, Uncle of the Child.
3. Registration of case and Investigation:- On 09.12.1999 – 08.30 a.m. P.W.1-Vaidyanathan lodged Ex.P.1-Complaint in Karaikkal Town Police Station to the effect that his Daughter Surya alias Manimekalai, eight years old was found floating in the Water Pond at Thalatherupet on the backside of the house of the Accused and the cause of the death is not known. On the basis of Ex.P.1-Complaint, P.W.25-Sub-Inspector of Police registered the case in Crime No.494 of 1999 under Sec.174 Crl.P.C.
4. P.W.25-Sub Inspector of Police had taken up initial Investigation. Scene of occurrence was inspected in the presence of Witnesses. Ex.P.8-Observation Mahazar and Ex.P.16-Rough Sketch were prepared regarding the scene of occurrence. From the scene of occurrence, M.O.4-One Scooter Tyre, M.O.6-one pair of muded Chappals, M.O.7-Small Stick and Sample Mud collected were seized under Ex.P.7-Seizure Mahazar. Witnesses were examined in the presence of Panchayatars and Inquest was held on the body of the deceased Child – Surya. Ex.P.9 is the Inquest Report.
5. After the Inquest, body was sent to Government Hospital, Karaikkal for Post Mortem. Pursuant to requisition from P.W.25-Sub Inspector of Police, P.W.23-Dr.Narasimhamurthy has conducted the Autopsy. He has noted varying sizes of Abrasions all over the body. He has further noted,
“...larynx, trachea congested vertical tear in carotid, sheath, artery either side seen, hyoid bone – G, cornua found fractured on left side junction of body....”
P.W.23 opined that the death is due to Asphyxia due to throttling. Ex.P.14 is the Post Mortem Certificate.
6. On the basis of the Inquest Report (Ex.P.9) and the opinion of the Doctor-P.W.23 as to the cause of the death, P.W.25-Sub Inspector of Police has altered the case from Sec.174 Crl.P.C to Sec.302 I.P.C.
7. P.W.26-Inspector of Police has taken up the further Investigation. On the basis of evidence and materials collected, Accused-Jayashankar was arrested at Sembanarkoil on 13.12.1999 – 11.30 a.m. When being interrogated, the Accused confessed of the offence and his Confession Statement was recorded under Ex.P.12. P
