2009 Supreme(Mad) 1497
High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI & THE HONOURABLE
MR. JUSTICE RAJA ELANGO
Ansari
Versus
State rep. by Inspector of Police, Walajabad Police Station, Kanchipuram Dist.
Case No : Crl. A. No.144 of 2008
Decided on : 30-04-2009
For the Petitioners:T.R. Radhakrishnan, Advocate.
For the Respondent: P. Kumaresan, Public Prosecutor.
The central legal point established in the judgment is the need for careful scrutiny of witness testimony, the significance of corroborative evidence, and the admissibility of confession statements in criminal cases.
Headnote:
Section 302 IPC - Criminal Law - [302 IPC] - The judgment discusses the prosecution's case against the appellant/Second accused under Section 302 IPC and the court's analysis of the evidence presented. It highlights the discrepancies in the time of occurrence as stated by witnesses, the significance of the Test Identification Parade proceedings, and the admissibility of confession statements. The court also refers to a previous judgment involving a similar case and emphasizes the benefit of doubt in favor of the accused.
Fact of the Case:
The prosecution's case revolved around the appellant/Second accused's conviction under Section 302 IPC for the murder of the deceased. The evidence presented included witness testimonies, identification parade proceedings, and confession statements. The defense raised concerns about discrepancies in the time of occurrence and the admissibility of evidence.
Finding of the Court:
The court found that the prosecution's case relied heavily on the evidence of a single witness, whose testimony was scrutinized for consistency. Discrepancies in the time of occurrence and the significance of the Test Identification Parade proceedings were highlighted. The court also considered the admissibility of confession statements and referred to a previous judgment involving a similar case.
Issues: The key issues included the reliability of witness testimony, discrepancies in the time of occurrence, the significance of the Test Identification Parade proceedings, and the admissibility of confession statements.
Ratio Decidendi: The court emphasized the need for careful scrutiny of witness testimony, especially when the case relies on a single witness. It also highlighted the significance of corroborative evidence and the admissibility of confession statements. The court referred to a previous judgment to support the benefit of doubt in favor of the accused.
Final Decision: The court set aside the conviction and sentence imposed on the appellant/Second accused, acquitting them of the charges. The bail bond, if any executed by the appellant, was ordered to be cancelled, and the fine amount, if any paid, was ordered to be refunded.
R. BANUMATHI, J.
This appeal arises out of the judgment in S.C. No. 259 of 2005 on the file of Addl. Sessions Judge, Fast Track Court No. II, Kancheepuram, convicting the appellant/Second accused under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1,000/-.
2. Case of the prosecution in nutshell is as follows: A1 to A3 and the deceased were associates. In the village, one Elumalai and Kumutha fell in love with each other. Objections were raised by the boy’s side. A1 was supporting the boy side, while the deceased was supporting the girl side. Thus, A1 and the deceased were in inimical terms. On the date of occurrence i.e., on 12. 2001, when P.W.1 was sitting and chatting with one Ramalingam, along with the deceased, four persons came in TVS Suzuki motorbike and were proceeding towards Railway Station Road and they stopped the vehicle under a Tamarind Tree and talked for some time and they returned on the same way and went behind the School. The deceased disassociated with the accused and went near a bush. Thereafter, on hearing the distress cry, P.W.1 rushed over there and saw the deceased being attacked by all the three accused indiscriminately. P.W.1 raised alarm and on hearing the alarm raised by P.W.1, neighbours gathered. On seeing the occurrence, P.W.1 threw stones on the accused. All the three accused fled away from the place of occurrence. P.W.1 went nearby the deceased and found the deceased Mari dead. He proceeded to the respondent-Police Station, where the Head Constable by name Pushparaj was on duty. He gave Exhibit P1 report, on the strength of which, a case came to be registered in Crime No. 338 of 2001 at about 12.15 a.m. The printed F.I.R. Exhibit P-27 along with the complaint Exhibit P-1 were sent to Court.
3. P.W.16 Inspector of Police, on receipt of the copy of the F.I.R., took up investigation, prepared observation mahazar Exhibit P-5 and Exhibit P-28 rough sketch. The Investigating Officer conducted inquest over the dead body of the deceased in the presence of witnesses and panchayatars and prepared Inquest Report Exhibit P-29. The dead body was sent for the purpose of autopsy. P.W.3, the doctor attached to the Government Hospital, Kancheepuram, conducted autopsy and has given his opinion in Exhibit P-11 post mortem certificate that the deceased Mari died of shock and haemorrhage due to the grievous injuries sustained around the head.
4. Pending investigation, the investigating officer came to know that the second accused and the third accused have surrendered before the Judicial Magistrate, Vellore. He applied for police custody and the same was ordered. When they were interrogated, both the accused Nos. 2 and 3 gave confession statement and the same was recorded. The admissible part of the statement of A2 was marked as Exhibit P-8 and the admissible part of the statement of A3 was marked as Exhibit P-6. Consequent upon the same, M.O.1 series-Knives were recovered under Exhibits P-7 and P-9-Mahazar. The accused were sent for judicial remand.
5. The first accused was also taken to police custody and when he was interrogated, he voluntarily gave confession statement and the same was recorded. The weapon was recovered from him under a cover of mahazar. Thereafter, accused was sent to Judicial remand. All the material objects recovered from the place of occurrence and the dead body were subjected to chemical analysis by the Forensic department in Exhibit P-13 is the serologist’s report and Exhibit P-31 is the chemical report. Since P.W. 16 went on transfer, further investigation was done by P.W.17. On completion of the investigation, the investigating officer P.W.17 filed the final report against accused No. 1 to 13.
6. The case was committed to Court of Sessions and pending trial, the first accused died. The trial continued as against the appellant/second accused and the third accused.
7. To substantiate the charges against the accused, in the Trial Court,