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2003 Supreme(Mad) 885
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M.KARPAGAVINAYAGAM & THE HONOURABLE MR.JUSTICE S.ASHOK KUMAR
Siva Perumal - Appellant
Versus
State: rep.by Inspector of Polic - Respondents
Criminal Appeal No.1131 of 2000
Decided On : 26 June 2003
The reliability of extra-judicial confessions as evidence, and the requirement for corroborating circumstances to establish their trustworthiness.
Headnote:
Extra-Judicial Confession - Criminal Law - Section 302 of I.P.C. - [Section 302 I.P.C.] - The court discussed the extra-judicial confession made by the accused and cited various legal provisions and interpretations from case laws to establish the reliability of the confession. The court emphasized that the confession was voluntary and made immediately after the occurrence, and it was corroborated by other circumstances, leading to the dismissal of the appeal.
Fact of the Case:
The accused, a worker at a paper mill, suspected his wife's fidelity and drove her away, leading to a complaint for child maintenance. He later drowned his two children and made an extra-judicial confession, claiming mental distress and financial difficulties.
Finding of the Court:
The court found the extra-judicial confession to be reliable and voluntary, supported by corroborating circumstances, and dismissed the appeal against the conviction.
Issues: The main issue was the reliability of the extra-judicial confession made by the accused and its admissibility as evidence in the absence of direct witnesses to the crime.
Ratio Decidendi: The court relied on the principles established in various case laws to determine the reliability of the extra-judicial confession, emphasizing that it can be the sole basis of conviction if found to be trustworthy and reliable.
Final Decision: The appeal was dismissed, upholding the conviction of the accused based on the reliability of the extra-judicial confession and corroborating circumstances.
S.Ashok Kumar, J.
...
The appellant who is the sole accused in S.C. No: 457 of 1999 on the file of the Second Additional Sessions Judge, Tirunelveli, and has been convicted and sentenced to undergo imprisonment for life, on two counts to run concurrently for an offence under Section 302 of I.P.C., has filed this appeal against the conviction.
2. The brief facts of the prosecution case can be stated as follows:
(i) The accused Sivaperumal was a worker in Sun Paper Mills at Cheranmadevi. He married P.W.7 Parvathi about six years back and was having a son Isakiraj aged about four years and a daughter Kanagalakshmi aged about two and half years at the time of occurrence. The accused suspected the fidelity of his wife. Therefore, the accused sent P.W.7, his wife, to her father's house about two years prior to the date of occurrence. On 14.9.98 P.W.7 filed a complaint at the All Women Police Station, Tirunelveli, requiring the accused to maintain the children. P.W.13 Sub Inspector of Police, All Women Police Station, Tirunelveli, called both the accused and P.W.7 and on her advise the accused took his children on 21.09.98 to be maintained by himself. On 30.08.99, P.W.5, P.W.7 and her relatives approached the accused to take back P.W.7 as she wanted to live with her husband. But the accused refused to take her back. Since the accused did not earn sufficient income to run the family, the relatives started talking ill of him. He became mentally upset and decided to kill his two children and commit suicide.
(ii) On 03.09.99 at about 10.00 a.m. the accused took his children to a tank near the P.W.D. Bungalow and killed them by drowning. But he changed his mind from committing suicide and he went to P.W.1 the Village Administrative Officer and gave Ex.P.1 statement at 11.00 a.m. P.W.1 Adi Narayanan, Village Administrative Officer, who recorded the statement of the accused, also prepared his own report, Ex.P.2, and handed over the accused to P.W.14 the Inspector of Police, Cheranmadevi at 12.15 p.m. on the same day along with Exs.P.1 and P.2.
(iii) P.W.14, Inspector of Police, on receipt of Ex.P.1 along with Ex.P.2 made by the Village Administrative Officer registered a case in Crime No: 127 of 1999 for an offence under Section 302 I.P.C. at 12.15 p.m. and the printed F.I.R. is Ex.P.10. He arrested the accused and sent him for judicial custody. He sent the original F.I.R. through P.W.11 to the Court and copies to his higher officials. He went to the place of occurrence and prepared Ex.P.3 Mahazar in the presence of witness and also drew a sketch Ex.P.11. Between 1.30 p.m. to 2.45 p.m. he conducted inquest on the dead body of the deceased No.1, Isaki Raj and prepared Ex.P.12, Inquest Report. Between 3.00 p.m. to 4.15 p.m. He conducted inquest on the body of deceased No: 2 Kanaga Lakshmi and prepared Ex.P.13 inquest report. He sent the dead bodies with Ex.P.5 requisition through P.W.12 Abraham Joseph Grade-I Constable to Government Hospital, Ambasamudram, for conducting autopsy.
(iv) P.W.8, Dr. Geetha who received the requisition, to conduct post-mortem on the body of deceased No:1, commenced post mortem on 4.9.99 at 12 noon. She found the following injuries :
" Frothy & blood discharge from nose & mouth.
ON OPENING : Heart empty, pale. Lungs, Kidney, Liver, Spleen congested. On squeezing water ooze on from lungs. 300 mg. Of partially digested food in stomach. Intestine distended with gas. Bladder empty.
On opening of head. Brain pale. Hyoid bone intact.
Death would have occurred about 26-30 hours prior to post mortem."
She also gave an opinion that the deceased would appear to have died of asphyxia due to drowning. The post-mortem certificate is Ex.P.6.
(v) P.W.9 Dr.Bagyalakshmi commenced post-mortem on the body of the deceased No: 2 Kanagalakshmi at 1.00 p.m. on 4.9.99 and found the following injuries :
" On opening of abdomen and therax. Liver, Spleen, Kidneys are pale. Stomach contains about 400 ml. Of partialy digested food fluid in st
