Back
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE A.S.VENKATACHALAMOORTHY & THE HONOURABLE MR. JUSTICE S.SARDAR ZACKRIA HUSSAIN
Ganesan & Others - Appellant
Versus
The State, rep.by the Inspector of Police - Respondents
Criminal Appeal Nos.651, 684, 851,730/2000 & 115/2003
Decided On : 23 June 2003
MURDER - Criminal Law - Sections 148, 342 and 302 read with 34 IPC - The judgment discusses the prosecution's case, medical evidence, witness testimony, and the genuineness of the FIR. The court found discrepancies in the witness testimony, delay in FIR reaching the court, and lack of motive for the accused to attack the deceased. Based on these factors, the court acquitted the appellants of all charges.
Fact of the Case:
The appellants were tried for causing the murder of one Gajendiran. The prosecution's case involved witness testimony, medical evidence, and the genuineness of the FIR.
Finding of the Court:
The court found discrepancies in witness testimony, delay in FIR reaching the court, and lack of motive for the accused to attack the deceased. Based on these factors, the court acquitted the appellants of all charges.
Issues: The issues involved discrepancies in witness testimony, delay in FIR reaching the court, and lack of motive for the accused to attack the deceased.
Ratio Decidendi: The court's decision was influenced by discrepancies in witness testimony, delay in FIR reaching the court, and lack of motive for the accused to attack the deceased.
Final Decision: The court acquitted the appellants of all charges under Sections 148, 342 and 302 read with 34 IPC.
Common Judgment A.S.VENKATACHALAMOORTHY, J.,
The appellants in the above appeals were tried by the learned III Additional Sessions Judge, Tirunelveli, for causing the murder of one Gajendiran on 14.2.1995 at about 5.45 P.M. near Kailasanthar Temple at Keelnatham Vadakkur. The Sessions Court found all the appellants/accused guilty under Sections-148, 342 and 302 read with 34 IPC. and sentenced them to undergo one year R.I. & fine of Rs.1,000/-; fine of Rs.1,000/- and life imprisonment & fine of Rs.6,000/- respectively.
2. The 6th accused has filed Criminal Appeal No.651/2000; Criminal Appeal No.684 of 2000 has been filed by A-8; Criminal Appeal No.730/2000 has been filed by A-7; Criminal Appeal No.851 of 2000 has been filed by A-2 to A-5 and Criminal Appeal No.115 of 2003 has been filed by A-1.
As all the appeals have been filed against the same judgment, the appeals can be disposed of by a Common Judgment.
3. The case of the prosecution can be narrated as under:-
The deceased and PWs-1 to 3 belong to Keelnatham Vadakkur Village. While A-5 belongs to the village called Manappadaiveedu, the other accused are residents of the village called Thimmarajapuram. There has been enmity between the residents of Thimmarajapuram on the one hand and Keelnatham Vadakkur on the other. About 20 days prior to the occurrence, the deceased and PW-1 were returning to the village at about 7 P.M. At that time, about ten person belonging to Thimmarajapuram waylaid and attacked them. The deceased and PW-1 informed about the same to PW-4. PWs-4 and 8 and some others went to see some elders in Thimmarajapuram with an intention to inform them seeking justice. PW-4 informed PW-5 and two or three others about the incident and for which PW-5 replied that he will look into the matter and see that no such incident happens in future. Ever since then, there has been enmity between the people of Thimmarajapuram and Keelnatham Vadakkur Village.
The occurrence was on 14.02.1995 at about 5.45 P.M. During the relevant period, PW-1 was working temporarily in Telephones Department. On that day, after finishing his work, he was returning to his village Keelnatham Vadakkur in a bicycle. The deceased was also returning to the Village in a separate bicycle almost followed by PW-1. Behind the deceased and PW-1, PWs-2 and 3 were also coming in bicycles. When the deceased was nearing Kailasanathar Temple in Vadakkur Road, the accused suddenly came from behind the Temple armed with knife, aruval etc. and waylaid the deceased. The deceased dropped his cycle on the floor and started running. At that time A-1 shouting, "eP vd;dlh kapuh", stabbed the deceased with an aruval on the right hand, little finger and left hand. A-2 cut the deceased with an aruval on the right and left elbows. A-3 Subramanian stabbed the deceased with a knife on the stomach and left side of the chest. A-4 cut the deceased with an aruval on the right hip. A-5 with an aruval cut the deceased on the left thigh. Thereupon, the deceased fell down. A-6 then cut the deceased with an aruval on the neck and left side of the head. A-7 attacked the deceased with an aruval below the right jaw. A-8 cut the deceased on the chest and left shoulder with an aruval. This brutal attack by the accused on the deceased was witnessed by PWs-1 to 3. The said witnesses shouted at the accused and they all ran away with the weapons they had. PWs-1 to 3 neared the deceased and found him dead. All the three of them went to the Village and informed the father of the deceased. Thereafter, PW-1 and the father of the deceased came back to the scene of occurrence. After seeing the deceased, both of them went to Tirunelveli Police Station and gave a complaint at about 7 P.M.
PW-14 is the Head Constable at the Tirunelveli police station. The complaint given by PW-1 was reduced to writing and the Head Constable obtained the signature of PW-1 as well as the father of the deceased. On the basis of Ex.P-1, the Head Constable PW-14 re
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
