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MADRAS HIGH COURT
PANCHAPAKESA AYYAR,BASHEER AHMED SAYEED
In re, Palani Moopan
Versus
.
Referred Trial No.129 of 1954
Decided On : 1January, 1955
CRIMINAL APPEAL - MURDER - CONFESSION - VOLUNTARY - COMPLIANCE WITH S.164, CRIMINAL P.C. - DISCOVERY OF BLOOD-STAINED CLOTHES - NOT COMPULSION TO BE A WITNESS AGAINST ONESELF - EVIDENCE ACT, S.145 - EVIDENCE OF WITNESSES IN COMMITTAL COURT - MARKING OF PORTION ONLY - PROCEDURAL DEFECT - NO VIOLATION OF S.145 - EVIDENCE ACT - CORROBORATION OF CONFESSION - MATERIAL PARTICULARS - CONVICTION UNDER S.302, I.P.C. - SENTENCE REDUCED TO TRANSPORTATION FOR LIFE.
Fact of the Case:
The appellant, Palani Moopan, was convicted of murdering his wife, Karuppayee, by inflicting injuries with a tappers knife. The prosecution case was that the appellant had been quarrelling with his wife due to her misconduct and had left her in her mother's house. On the day of the incident, the deceased went to a shandy and was returning home when the appellant approached her and cut her with a knife. The appellant surrendered before a magistrate the next day and made a confession.
Finding of the Court:
The court found that the confession made by the appellant was voluntary and true, as it was corroborated by the evidence of witnesses who saw the appellant approaching the deceased and inflicting injuries on her. The court also found that the discovery of blood-stained clothes on the appellant when he surrendered did not amount to compulsion to be a witness against himself, as the magistrate was bound to take possession of them as relevant evidence.
Issues: 1. Whether the confession made by the appellant was voluntary and true? 2. Whether the discovery of blood-stained clothes on the appellant amounted to compulsion to be a witness against himself? 3. Whether the evidence of witnesses in the committal court was properly marked and admitted in evidence? 4. Whether the conviction of the appellant under S.302, I.P.C., was justified?
Ratio Decidendi: 1. The court held that the confession made by the appellant was voluntary and true, as it was recorded in accordance with the requirements of S.164, Criminal P.C., and was corroborated by the evidence of witnesses who saw the appellant approaching the deceased and inflicting injuries on her. 2. The court held that the discovery of blood-stained clothes on the appellant when he surrendered did not amount to compulsion to be a witness against himself, as the magistrate was bound to take possession of them as relevant evidence. 3. The court held that the evidence of witnesses in the committal court was properly marked and admitted in evidence, even though only a portion of their depositions had been marked, as the procedural defect did not affect the course adopted by the learned Sessions Judge in accepting and acting upon the evidence of these witnesses. 4. The court held that the conviction of the appellant under S.302, I.P.C., was justified, as the prosecution had proved beyond doubt that the appellant had committed the offence.
Final Decision: The court dismissed the appeal and confirmed the conviction of the appellant under S.302, I.P.C., but reduced the death sentence to one of transportation for life, taking into consideration the provocation caused by the deceased's insolent answer.
BASHEER AHMED SAYEED J.:-
Palani Moopan, aged about 24, has been found guilty of murder of his wife, Karuppayee, aged about 20, on 26-1-1954 at Kuppandampalayam, by inflicting injuries with a tappers knife and has been sentenced to death subject to confirmation by this court by the learned Additional Sessions Judge of Coimbatore Division.
2. The prosecution case is this. In January 1953, the appellant and the deceased were married. They lived together happily for three months. Thereafter misunderstandings arose between them by reason of misconduct of the appellant exhibited in beating and abusing his wife. Constantly the appellant quarrelled with his wife. Consequent upon such beating and ill-treatment, his wife, the deceased, used to go to her parents house. Sometime thereafter, a panchayat was held and the deceased returned to the appellants house. Even after such return, there were frequent quarrels between them. After some days subsequent to the return of the deceased to the appellants house, the appellant shifted to his sisters house leaving his wife in his house. On 26-1-1954, the deceased went to a shandy in Kewani village situated just three miles away from Kuppandampalayam. While she went to the shandy, she is said to have worn gold kappus and kammals in her ears, a gold thali on her neck, and silver bangles. At about sun set time she left the shandy and was returning to the village with a basket containing provisions on her head. When she came near the temple on the outskirts of the village, a few furlongs away, she was being followed by P.Ws.2, 3 and 4.
The deceased and these witnesses crossed the temple and were passing through the itteri. The point at which the itteri and the temple crossed each other was apparently a dangerous place where offences like robbery and murder had been committed. When the deceased reached that place, the prosecution evidence is that the appellant approached her and cut her. This was seen by P.Ws.2, 3 and 4 who were coming a little behind. P.W.2 reported the matter to P.W.1 and P.W.1, the brother of the deceased gave a statement to the village munsif about what he had learned from P.W.2. In the meanwhile, P.W.8, a potter, who is an undesirable character, having been guilty of theft on prior occasions, and P.W.9, a Koravan, said to be a registered K.D. happened to pass by the spot where the deceased lay dead. They saw the body of the deceased, an aruval, M.O.1, and a basket M.O.2, in which the deceased was bringing certain provisions from the shandy. They removed these two articles to their custody, and it transpires that P.W.9 used for himself some of the quantity of rice found in the basket. The village munsif P.W.12, who recorded Ex. P.1 from P.W.1 made the usual report to the police authorities.
The Sub-Inspector of Police, P.W.13, arrived at the village in the early hours of the 27th morning. He saw the body of the deceased and held the inquest and after completing the preliminaries, he sent the body for post-mortem examination. The lady doctor, P.W.5 who conducted the autopsy and issued Ex. P.4 the post-mortem certificate, found on the body of the deceased 6 injuries. The first injury was an incised circular wound 2 inches in diameter and slicing off a flap of skin which was attached by 1/2 inch anteriorly and situated over the left shoulder joint. The second injury was an incised vertical wound 1 inch by 1/2 inch by 1/4 inch situated in part of right axilla. The third injury was an incised gaping wound 3 inches in length and cutting into the body of the second vertibra and into the muscles of the neck and situated on the back of neck. The fourth and fifth injuries were also incised gaping wounds of various dimensions. The sixth injury was an abrasion 2,1/2 inches by 3/4 inch situated on the posterior surface of the upper half of right thigh. The doctor was of opinion that the deceased would appear to have died of shock and haemorrhage as a result of the injuries.
3. A day afte
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