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2008 Supreme(Mad) 4021
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE S. RAJESWARAN
Ramesh
Versus
State rep. by Inspector of Police & Another
Referred Trial No.6 & 7 of 2008 and Criminal Appeal Nos.249 & 247 of 2008
Decided On : 06-11-2008
For the Appellant:P. Venkatasubramanian, Advocate.
For the Respondents: P. Kumaresan, Additional Public Prosecutor.
The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence, including confessional statements and recovery of items, must be sufficient and legally sound.
Headnote:
Criminal Appeal - Capital Punishment - Sections 341, 302, 382, 413 and 379 I.P.C. - The judgment discussed the confessional statements, delay in complaints, and the recovery of jewels. The court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt and acquitted the appellant in both cases.
Fact of the Case:
The judgment pertains to two referred trial cases and criminal appeals arising from the judgment of the Additional District and Sessions Division, Virudhachalam. The accused was charged under Sections 341, 302, 382, and 413 I.P.C. for the murder and robbery of two women. The prosecution relied on confessional statements, delay in complaints, and recovery of jewels as evidence.
Finding of the Court:
The court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. It highlighted the delay in complaints, legal infirmity in the confessional statements, and shaky evidence of jewel recovery. The court concluded that the accused is entitled to acquittal in both cases.
Issues: The issues revolved around the sufficiency of evidence, including confessional statements, delay in complaints, and the recovery of jewels, to prove the guilt of the accused beyond reasonable doubt.
Ratio Decidendi: The court's decision was influenced by the legal infirmity in the confessional statements, the delay in complaints, and the shaky evidence of jewel recovery. It emphasized that the prosecution failed to prove the guilt of the accused in any manner known to law.
Final Decision: The criminal appeals were allowed, setting aside the conviction and sentence imposed on the appellant. The appellant was acquitted of the charges and directed to be released forthwith unless his presence is required in connection with any other case.
M. Chockalingam, J.
This judgment shall govern the two referred trial cases viz., R.T.Nos.6 and 7 of 2008 and the criminal appeals viz., C.A.Nos.249 and 247 of 2008.
2. These Referred Trials have arisen from the judgment of the Additional District and Sessions Division, Virudhachalam made in S.C.Nos.249/2007 and 247/2007 respectively whereby the sole accused therein stood charged under Sections 341, 302, 382 and 413 I.P.C., tried and found guilty as per the charges and awarded capital punishment of death sentence.
3. The said judgments are also challenged by the accused therein in C.A.Nos.249/2008 and 247/2008. Both the Referred Trials seeking confirmation of the sentence made by the Sessions Court and also both the Criminal Appeals filed at the instance of the appellant/accused are taken up together for consideration this day.
4. The short facts necessary for the disposal of Criminal Appeal No.249/2008 can be stated thus:
.(a) The deceased Thiruvatchi Ammal wife of Sadayappa Padayatchi belonged to Neivasal Village. On 111. 2004, she went to the field along with P.W.12 who was the owner of the adjacent land. At about 2.45 p.m., P.W.12 left the field while Thiruvatchi Ammal was working in the field. On that day, at about 4.00 p.m., when P.W.3 Kurunji Selvam was walking through the passage to reach the adjacent village, he was informed by the school children that an old lady was lying on the bank of Vellaru. Immediately, he went there and found Thiruvatchi Ammal with severe injuries. P.W.3 and others, on hearing this, went over there and found Thiruvatchi Ammal. Immediately, they took her to P.W.9 Dr.Ponnusamy who gave first aid and thereafter, they took Thiruvatchi Ammal to Krishna Hospital, Cuddalore where she was given treatment by Dr.Velumani and she was taken out of the hospital without taking further treatment and without advise of the doctor to the house of the deceased at Neivasal. Thereafter, on 211. 2004, Thiruvatchi Ammal died. The death of Thiruvatchi Ammal was also registered.
(b) After a period of two years, on 12. 2007, P.W.23 Inspector of Police arrested the accused in connection with Crime No.470/2006 of Vridhachalam Police Station. The accused came forward to give confessional statement voluntarily. The same was recorded in the presence of P.W.17 and another witness. The matter was published in the newspapers that the accused/appellant committed murder of several women including the murder of Thiruvatchi Ammal of Neivasal. P.W.1 and his brother were fined for omission of informing the murder of their mother to the Police. On seeing the news item, P.W.1 the daughter of the deceased Thiruvatchi Ammal preferred a complaint Ex.P1 before Tittagudi Police Station which was registered in Crime No.16/2007 under section 302 and 379 I.P.C. The express F.I.R. Ex.P8 was despatched to Court.
.(c) In the confessional statement, the accused admitted that he committed murders, rapes and robberies in various places and the properties were sold through one Krishnamoorthy. The admissible part of the same was marked as Ex.P5. Based on the confession, P.W.23 took the accused and witnesses to Avinankudi where the accused identified Sri Ganapathy Banker and also Balakrishnan-P.W.22 owner of the pawn broker shop. The owner of the shop produced a pair of stud M.O.1 and one nose screw M.O.2 which were recovered under a cover of mahazar Ex.P6 in the presence of witnesses P.W.17 and another witness. P.W.23 sent all the articles to Court. He examined the witnesses and recorded their statement.
.(d) On 12. 2007, on the direction of Superintendent of Police concerned District, a team was constituted in order to conduct investigation based on the confessional statement of the accused in crime No.45/2007. The accused was produced before the Judicial Magistrate,Kallakurichi. He gave the confessional statement and the same was recorded by the Judicial Magistrate, Kallakurudhi, which was marked as Ex.P7. Following the orders of th
