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2010 Supreme(Mad) 5037
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
Chandrasekaran @ Sekar
Versus
State by: Inspector of Police Erode North Police Station
CRL.A.No.556 of 2010
Decided On : 24-11-2010
For the Appellant:N. Ramesh, Advocate.
For the Respondent: V.R. Balasubramanian, Additional Public Prosecutor.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under Sec.304 (Part I) of IPC, based on the appellant's actions and the circumstances of the case.
Headnote:
IPC - Criminal Law - Sec.302, Sec.307 - The judgment discusses the charges under Sections 302 and 307 of IPC, the evidence presented, and the legal aspects of the case.
Fact of the Case:
The appellant was charged under Sections 302 and 307 of IPC for attacking and causing the death of the deceased Saroja and attempting to murder P.W.1. The incident occurred due to a dispute over the appellant's wife, Veerammal, who had left him and was staying with the deceased's family.
Finding of the Court:
The court found the appellant guilty of culpable homicide not amounting to murder under Sec.304 (Part I) of IPC, and sentenced him to 7 years Rigorous Imprisonment. The conviction and sentence under Sec.307 IPC were confirmed.
Issues: The issues revolved around the evidence presented, including eyewitness testimonies, medical evidence, and the recovery of the weapon of crime. The court also considered the motive behind the appellant's actions and the legal implications of the case.
Ratio Decidendi: The court emphasized the importance of corroborating eyewitness testimonies, accepted the medical evidence, and considered the absence of the appellant's wife as a witness due to her being absconding. The court also analyzed the legal aspect of the appellant's actions, ruling that it constituted culpable homicide not amounting to murder.
Final Decision: The appellant's conviction and sentence under Sec.302 IPC were set aside, and he was convicted under Sec.304 (Part I) of IPC, with a sentence of 7 years Rigorous Imprisonment. The conviction and sentence under Sec.307 IPC were confirmed, and both sentences were ordered to run concurrently.
(M.CHOCKALINGAM, J.)
1. This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.I, Erode, made in S.C.No.120/2006 whereby the sole accused/appellant stood charged under Sections 302 and 307 of IPC, tried, found guilty as per the charges and awarded life imprisonment along with a fine of Rs.1000/- and default sentence under Sec.302 IPC and 3 years Rigorous Imprisonment along with a fine of Rs.1000/- and default sentence under Sec.307 IPC.
2.The short facts necessary for the disposal of this appeal can be stated as follows:
(a) The deceased Saroja was residing along with her mother and family members at Teachers Colony, Kumalankuttai, within the jurisdiction of the respondent police. P.W.1 and the deceased are cousin sisters. P.W.2 is the son of P.W.1. P.W.3 is the niece of the deceased. P.W.5 is the brother of the deceased. Veerammal, the wife of the accused/appellant, is also the sister of P.W.1. Saroja was already given in marriage to one Chinnathambi. He deserted her and contracted second marriage, and hence Saroja came to her mothers house and was living with the family members. The accused/ appellant was residing with his wife Veerammal in a house which belonged to P.W.8, on rental basis. Ten days prior to the occurrence, Veerammal pursuant to a quarrel, left the marital home and came to the house of P.W.1. P.W.1 and others advised her to go and join the company of her husband. They further told that she should not come back, but stay with him. Despite the same, within a few days therefrom, Veerammal came to the house of P.W.1.
(b) On 18.2.1999, the accused came to the house of P.W.1, quarrelled with them and informed them that he could not live with his wife, and they were all responsible for the same, and they have actually hidden his wife, and the next day, she must be sent with him. So saying, he left the place. This was known to P.Ws.4, 6 and 7 also.
(c) On 19.2.1999 at about 10.30 A.M., P.Ws.1 to 3 were sitting in front of the house and doing their work, while P.W.4 was lying in a cot inside the house. At that time, the deceased Saroja was also sitting by their side. The accused who came there with M.O.1 aruval, cut the tuft of the deceased Saroja, and uttering the words "You have hidden my wife, and you do not send her to live with me", he attacked her on different parts of the body. When she tried to escape, he chased her and cut her. P.W.1 went to the rescue. At that time, he attacked P.W.1 also. The occurrence was witnessed by P.Ws.2 to 4 and others also. When there was a distressing cry raised, the accused left the place throwing the weapon of crime in a nearby bush. Saroja was found dead.
(d) P.Ws.2 and 3 took P.W.1 to the Government Hospital, Erode, where P.W.13, the Doctor, gave her treatment, and the accident register copy is marked as Ex.P12. On intimation, P.W.10, the Sub Inspector of Police of the respondent police station, proceeded to the Government Hospital, Erode, and recorded the statement of P.W.1 which is marked as Ex.P1. On the strength of Ex.P1, the report, a case came to be registered in Crime No.143/99 under Sections 302 and 307 of IPC. The printed FIR, Ex.P8, was despatched to the Court.
(e) On receipt of the copy of the FIR, P.W.16, the Inspector of Police of that Circle, took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P14, and also a rough sketch, Ex.P19. Then he conducted inquest on the dead body of Saroja in the presence of witnesses and panchayatdars and prepared an inquest report, Ex.P20. He recovered the material objects from the place of occurrence. Then the dead body was sent to the Government Hospital along with a requisition for the purpose of postmortem.
(f) On receipt of the said requisition, P.W.14, the Civil Assistant Surgeon, attached to the Government Head Quarters Hospital, Erode, has conducted autopsy on the dead body of Saroja and issued a postmortem certificate, Ex.P
