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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE C. NAGAPPAN & THE HONOURABLE MR. JUSTICE M. JEYAPAUL
Murali & Others
Versus
State, Rep. by Inspector of Police, Chennai
Crl.A.No. 714 of 2008
Decided on : 12-10-2009
Murder - Criminal Conspiracy - Theft - Sections 120-B, 380 and 302 r/w 34 IPC - Summary of Acts and Sections: The court discussed the prosecution's case based on circumstantial evidence, the medical testimony establishing the cause of death, and the recovery of stolen items. The court analyzed the testimonies of witnesses and the admissibility of confession statements leading to the recovery of material objects. The court found that the prosecution failed to prove the guilt of the accused and set aside the conviction and sentence.
Fact of the Case:
The deceased was found murdered in his house, with missing jewelry and other valuables. The prosecution relied on circumstantial evidence and confession statements leading to the recovery of stolen items. The accused denied complicity.
Finding of the Court:
The court found that the prosecution failed to prove the guilt of the accused based on the circumstantial evidence and the admissibility of confession statements leading to the recovery of material objects.
Issues: The issues revolved around the sufficiency of evidence to prove the guilt of the accused, the admissibility of confession statements, and the reliability of witness testimonies.
Ratio Decidendi: The court held that the prosecution failed to establish the guilt of the accused based on the circumstantial evidence and the admissibility of confession statements leading to the recovery of material objects.
Final Decision: The conviction and sentence imposed on the accused were set aside, and the accused were acquitted of the charges.
C. Nagappan, J.
The appellants herein are the Accused Nos.1 to 3 in Sessions Case No.305 of 2007 on the file of the Additional District and Sessions Judge, Fast Track Court No.III, Chennai and they have preferred this appeal challenging the conviction and sentence imposed on them by judgment dated 18. 2008 in the case. For the sake of convenience, in this Judgment, the appellants will be referred to as A1 to A3.
2. Charges under Sections 120-B, 380 and 302 r/w 34 IPC were framed against A1 Murali, A2 Sekar alias Rajasekar and A3 Sasi alias Sasikumar. The learned Additional Sessions Judge found A1 to A3 guilty of the charges and convicted and sentenced them to undergo three years Rigorous Imprisonment each and to pay a fine of Rs.1000/-each, in default, to undergo Simple Imprisonment for six months each for the charge under Section 120-B IPC; convicted and sentenced them to undergo seven years Rigorous Imprisonment each and to pay a fine of Rs.5000/- each, in default, to undergo Simple Imprisonment for two years each for the charge under Section 380 IPC and convicted and sentenced them to undergo Life Imprisonment each and to pay a fine of Rs.5000/-each, in default, to undergo Simple Imprisonment for two years each for the charge under Section 302 r/w 34 IPC and ordered the sentences to run concurrently.
3. To proveits case, the prosecution examined P.Ws.1 to 18 and marked Exs.P1 to P33 and M.Os.1 to 19.
4. The case of the prosecution, as could be discerned from oral and documentary evidence, can be briefly summarised as follows.
P.W.1 Jayalakshmi is the wife of deceased Sriramulu and PW.2 Sridevi is their daughter. Sriramulu was employed as Manager in MCC Bank at Vellore and retired and he was residing alone in Meenu Flats, Perambur and was doing money lending business. PW.2 Sridevi was living with her family in Akash Flats at Perambur. P.W.1 Jayalakshmi was residing with her daughter PW.2 Sridevi in Akash Flats and Sriramulu used to come daily to their house and take food therein.
On 112. 2006 in the afternoon, Sriramulu came to the house of PW.2 Sridevi and took lunch and went away. At about 4.30 pm, he called PW.2 Sridevi over phone and told her that he is going out for pooja and thereafter he did not communicate.
PW.6 Ganesan took Gas Cylinder to Sriramulus house in Meenu Flats at 4 pm on 112. 2006 and rang the calling bell and also called, but there was no response. He met PW.3 Vathsala, a resident of Meenu Flats in the ground floor and informed her about the same. PW.3 Vathsala, at about 6.30 pm, went upstairs to pick up the dried clothes and she noticed that the lights in Sriramulus house were not switched on and the outer door closed and foul smell emanating from the house. At 7 pm on the same day, she called PW.2 Sridevi over phone and informed her of the same.
PW.2 Sridevi went to Meenu Flats along with Srinivasan and Raju and switched on the lights and found the body of Sriramulu in sofa with hands and legs tied with nylon rope and the neck encircled and tied with cloth and the bracelet, gold chain, two rings, cellphone and citizen watch usually worn by her father missing from the body and the bureaus were found open. She informed her mother and sent an Auto to fetch her. PW1 Jayalakshmi went to Meenu Flats in the Auto and saw the body of her husband lying on the sofa with hands and legs tied and the neck tied with cloth.
PW.1 Jayalakshmi went to Sembium Police Station at 8 pm on 112. 2006 and narrated the above to a scribe who reduced it into writing and read over to her and thereafter she put her signature in Ex.P1 Complaint and handed it over and PW.18 Inspector Sarvesan received the same and registered a case in Crime No.2031 of 2006 under Sections 302 and 380 IPC and prepared Ex.P25 First Information Report and sent the same to the Court and higher officers. He went to the occurrence place at 8.30 pm and prepared Ex.P3 Observation Mahazar in the presence of P.W.4 Shanmugam and PW.5 Veerapandian a
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