Back
2009 Supreme(Mad) 4314
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE V. PERIYA KARUPPIAH
Selvakumar & Another
Versus
State by Inspector of Police, Karipatti Police Station, Salem District
CRL.A.Nos.152 & 629 of 2009
Decided on: 21-10-2009
For the Appellants:K. Balu, S. Ananthanarayanan, Advocates.
For the Respondent: Babu Muthu Meeran, A.P.P.
The admissibility of extra-judicial confessions and the use of a co-accused's statement against another accused based on corroborative evidence.
Headnote:
Extra-Judicial Confession - Criminal Law - Section 302 IPC - Summary
Fact of the Case:
A-1 and A-2 were charged with the murder of A-2's 5-year-old son. A-1 strangled the child, leading to his death. A-2 confessed to a Village Administrative Officer, which led to the registration of a case under Section 302 IPC.
Finding of the Court:
The court found A-1 guilty of murder based on the confession and corroborative evidence, while A-2 was acquitted due to lack of evidence of her involvement.
Issues: The main issues were the admissibility of the extra-judicial confession and the involvement of A-2 in the crime.
Ratio Decidendi: The court held that a conviction could be sustained on an extra-judicial confession if accepted by the court, and that a statement given by a co-accused can be used against another accused if corroborated by other evidence.
Final Decision: A-1's conviction and sentence were confirmed, while A-2 was acquitted and directed to be released.
(M. Chockalingam, J.)
This judgment shall govern these two appeals, namely, Crl.A.Nos.152 of 2009 and 629 of 2009.
2. Both the appeals challenge a judgment of the Additional Sessions Division (Fast Track Court No.I), Salem, made in S.C.No.292 of 2008, whereby both the appellants as A-1 and A-2 stood charged, tried and found guilty as follows:
TABLE
3. The necessary facts for the disposal of both the appeals can be stated thus:
(a) A-2 is the wife of P.W.3. They married seven years before the date of Ex.P-1 and they have two children, a boy aged about 5 years and a girl aged about 2-1/2 years. A-1 was an auto driver by profession. A-2 developed an illicit intimacy with A-1. Along with the children, A-2 left the marital home accompanied by A-1. Pursuant to a complaint given by P.W.3 to Arumbavoor Police Station, they were secured after a period of six months. On their advice, A-2 along with the children came back and was living with P.W.3 for a short time. Thereafter, again she continued her intimacy with A-1.
(b) During the relevant time, both of them were employed in a rice mill at Ram Nagar, Ayodhyapattinam belonged to P.W.7. On 04.09.2006 at about 5.00 PM, A-1 sent the child Rajesh to purchase Beedi from a nearby shop. After purchasing the same, Rajesh did not pay the balance. When questioned by A-1, he answered that he purchased a chocolate for the balance. A-1 suddenly got wild, pressed his neck and strangulated him and the said Rajesh fell down swooned.
(c) Immediately, A-2 took the child to a private clinic of P.W.13 doctor at Ayodhyapattinam and finding the condition serious, P.W.13 advised her to take the child to the Government Hospital at Salem. When she took the child to the hospital, the child was declared dead.
(d) Immediately, she proceeded to Thondamanthurai. On 05.09.2006 at about 09.30 AM., she met P.W.1, the Village Administrative Officer of Thondamanthurai and gave a statement narrating the entire incident. The same was recorded by P.W.1, which is marked as Ex.P-1. A-2, along with Ex.P-1 and , was produced before the Sub Inspector of Police, Arumbavoor.
(e) On the strength of Ex.P-1, a case came to be registered in Crime No.133/2006 under section 302 IPC. P.W.15, the Inspector of Police, Arumbavoor, took up the investigation on receipt of a copy of the first information report, marked as Ex.P-7, proceeded to the scene of occurrence, examined the witnesses, prepared observation mahazar Ex.P-2 and also the rough sketch Ex.P-3. He caused the place of occurrence to be photographed through P.W.10. M.O.4 series are the photographs. P.W.15 conducted the inquest on the dead body in the presence of witnesses and panchayatdars and prepared Ex.P-8 report. He arrested A-2 and she came forward to give a confessional statement and the same was recorded. Following the confession, on 06.09.2006, P.W.15 arrested A-1 and he came forward to give a confessional statement and the same was recorded in the presence of witnesses. Then, he sent the dead body to the hospital for the purpose of post-mortem along with his requisition.
(f) On receipt of the said requisition, P.W.14, doctor attached to the Perambalur Government Hospital, conducted autopsy on the dead body of Rajesh and gave a postmortem certificate, Ex.P-6, wherein he opined that the deceased would appear to have died of Asphyxia due to compression of neck, 20 to 24 hours prior to the autopsy.
(g) On 210. 2006, the records of Crime No.133 of 2006 of Arumbavoor Police Station, referred to above, were transferred to Karipatti Police Station by an administrative order of the Superintendent of Police, since the occurrence had taken place within the police limits of Karipatti. The same was re-registered as Karipatti Police Station Crime No.537 2006 and P.W.17, the Inspector of Police, took up the further investigation, verified the records and filed a final report under section 302 read with 34 IPC.
(h) The case was committed to the Court of Session, Salem and n
