2008 Supreme(Mad) 2332
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.D. DINAKARAN & THE HONOURABLE MR. JUSTICE K.N. BASHA
C. Venkatesan
Versus
The State rep. by Inspector of Police
Criminal Appeal No.810 of 2007
Decided on : 09-07-2008
For the Appellant:V. Gopinath, Senior Counsel for L. Mahendran, Advocate.
For the Respondent: N.R. Elango, Additional Public Prosecutor.
Headnote:
IPC - Conviction under Section 341 and Section 302 - [IPC 341, IPC 302] - The court discussed the evidence and motive presented by the prosecution, including the extra-judicial confession made by the accused to the Doctor, the recovery of bloodstained shirt of the accused, and the evidence of the eye-witnesses. The court found the evidence of the eye-witnesses to be clear and natural, and the accused's version to be inconsistent and unconvincing. The court also noted the presence of the accused at the scene of occurrence and the recovery of incriminating evidence, leading to the dismissal of the appeal.
Fact of the Case:
The accused was convicted for the offence under Section 341 and Section 302 of the IPC for causing the death of his wife. The prosecution presented evidence of the accused's mistreatment of the deceased, her complaint to the police, and the accused's demand for money. The accused denied the charges and presented an alibi through a doctor's testimony.
Finding of the Court:
The court found the evidence of the eye-witnesses to be clear and natural, and the accused's version to be inconsistent and unconvincing. The court also noted the presence of the accused at the scene of occurrence and the recovery of incriminating evidence, leading to the dismissal of the appeal.
Issues: The key issues revolved around the credibility of the prosecution's evidence, the consistency of the accused's version, and the presence of the accused at the scene of occurrence.
Ratio Decidendi: The court relied on the clear and natural evidence of the eye-witnesses, the extra-judicial confession made by the accused to the Doctor, the recovery of bloodstained shirt of the accused, and the presence of the accused at the scene of occurrence to dismiss the appeal.
Final Decision: The appeal was dismissed as devoid of merits.
K.N. Basha, J.
The sole accused, Venkatesan, has come forward with this appeal challenging the judgment dated 22.03.2007 passed by the learned Principal Sessions Judge, Chengalpet, in S.C.No.553 of 2004 convicting him for the offence under Section 341 IPC and sentencing him to undergo one month simple imprisonment and convicting him for the offence under Section 302 IPC and sentencing him to undergo life imprisonment and also imposing a fine of Rs.1,000/-in default to undergo one year rigorous imprisonment.
2. The prosecution version, as unfolded through the evidence during the course of trial, is as follows:
(i) The accused is the husband of the deceased. They got married on 04.05.2003.
P.W.1 is the brother of the deceased. The deceased was working as small saving collection agent at Nanganallur Post Office. The accused was also working in the post office. After the marriage, they have set up a separate family and residing at Nanganallur. The deceased frequently informed P.W.1 that the accused was treating her cruelly by demanding money. 3 1/2 months after the marriage, the deceased expressed fear to live along with the accused and came to the house of P.W.1. The sister of the deceased one Uma Maheswari was working as staff nurse at Kancheepuram and the deceased was sent there for a change. While the accused went to the house of Uma Maheswari, sister of the deceased, to meet the deceased along with his friend, he met with an accident and he was admitted in the same hospital, where the sister of the deceased, namely, Uma Maheswari was working. On hearing the same, the deceased came back to the house of P.W.1 on 05.09.2003. Thereafter, the accused twice contacted the deceased over the phone and demanded Rs.3 lakhs to take her back to the matrimonial home. The deceased complained the same to P.W.1 and thereafter, she went to Neelankarai Police Station and gave a report against the accused.
(ii) P.W.10, Sub Inspector of Police, attached to Neelankarai Police Station stated that on receipt of the complaint of the deceased, he registered the case in Crime No.9 of 2003 for the offence under Sections 498-A, 323, 506 (ii) and 406 IPC r/w Section 4 of Dowry Prohibition Act. Thereafter, the accused was arrested and remanded to judicial custody. Therefore, there were strained feelings between the accused and the deceased.
(iii) P.W.4, a tea vendor, who is also a resident of Nanganallur, used to prepare tea for sales from his house and also used to sell tea at the Post office, where the deceased and the accused were working. On 011. 2003, he was supplying tea at Medavakkam Main Road oil mill bus stop, the accused also came there and had tea at 11.30 a.m. At that time, the accused asked P.W.4 whether he is going to the Post Office, for that, P.W.4 told that he will be going there. Thereafter, the accused asked P.W.4 to inform his wife that one Narayanan of No.2, Third Street, Balaji Nagar, wanted to deposit some amount and asked her to go to that house to get the money. At about 12 noon, P.W.4 went to the Post Office and informed the deceased about the message given by the accused. At that time, P.W.1, brother of the deceased, was also present. The deceased asked her brother, P.W.1, to accompany her and thereafter, P.W.1 took the deceased in his TVS Super XL, two wheeler to the said address at Balaji Nagar.
(iv) P.W.3, who is running a fish cart, is known to the accused and the deceased. On 011. 2003, the accused came to P.W.3 and called him to come along with him to Balaji Nagar third street. When P.W.3 questioned, the accused stated to him that the deceased along with her brother and other family members has given a complaint against him and he was arrested and as a result he lost his job from the post office and therefore, he wanted to cut the deceased. P.W.3 tried to pacify the accused and advised him to sort out the problem through the father and brother of the deceased. At that time, P.W.1 was coming through that side along