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2010 Supreme(Mad) 5043
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
State rep. By The Inspector of Police
Versus
Nondi Palani @ Palani
CRL.A.No.867 of 2008
Decided On : 25-11-2010
For the Petitioner: V.R. Balasubramanian, Additional Public Prosecutor.
For the Respondent:R. Sankarasubbu, Advocate.
The main legal point established in the judgment is the requirement for credible and consistent evidence to establish guilt beyond reasonable doubt. The indivisibility of charges and the acquittal of other accused individuals also influenced the court's decision.
Headnote:
Acquittal - Criminal Law - IPC Sections 148, 323, 324, 324 r/w 149, 307, 302, 427, 450 - The court discussed the charges under various sections of the Indian Penal Code and the evidence presented by the prosecution. The judgment confirmed the acquittal of the accused based on the lack of credible eyewitness testimony and discrepancies in the evidence.
Fact of the Case:
The case involved the alleged involvement of the accused in a series of violent incidents resulting in deaths and injuries to multiple individuals. The prosecution presented evidence of the accused's participation in the crimes.
Finding of the Court:
The court found that the prosecution's evidence, including eyewitness testimony, was not credible and contained discrepancies. The court noted that the charges against the accused were indivisible, and as all other accused individuals had been acquitted in previous trials, the respondent could not be held individually liable.
Issues: The issues revolved around the credibility of the prosecution's evidence, the reliability of eyewitness testimony, and the indivisibility of the charges against the accused.
Ratio Decidendi: The court's decision was based on the lack of credible evidence and discrepancies in the prosecution's case. The indivisibility of the charges against the accused, in light of the acquittal of other accused individuals, also influenced the court's decision.
Final Decision: The court dismissed the criminal appeal and confirmed the judgment of the trial court, which acquitted the accused of all charges.
(Judgment of the Court was delivered by M.CHOCKALINGAM, J.)
1. State appeals challenging a judgment of acquittal of the respondent made in S.C.No.27 of 2008 on the file of the Additional Sessions Division, Fast Track Court, Vellore, whereby the sole accused/respondent stood charged under Sections 148, 323, 324, 324 r/w 149, 307, 302 (two counts), 427 and 450 of IPC, tried and on trial, acquitted of all the charges levelled against him.
2. Short facts necessary for the disposal of this appeal can be stated as follows:
(a) P.W.1 was the daughter of the first deceased (D1) Seenan @ Seenivasan. She was residing along with the family members at Koodapattu Village. Vasantha was his wife and Ramajiammal was the mother of D1 Seenan. Sundarammal and Kannammal were neighbours. The respondent/accused was originally employed in the house of Seenan, and subsequently his services were terminated.
(b) On the date of occurrence i.e., 3.5.1978, at about 8.00 P.M., Seenan, P.W.1 and her mother Vasantha were all inside the house. Seenan was taking his dinner. At that time, Ramajiammal, Sundarammal and Kannammal were sitting outside the house and chatting. Seenan after taking his dinner, came out of the house. At that time, the respondent/ accused along with all other accused came over there, caught hold of him and attacked him with the cycle chain. On seeing this, Vasantha raised alarm and shouted not to attack him. Immediately, the accused stabbed Seenan on his chest. Seenan fell down swooned. Within a short span of time, he died. The wife of D1 Vasantha, and also P.W.3 were injured in that incident.
(c) All the accused including the respondent/accused, proceeded from the place, and on the way when they were just proceeding, they attacked the second deceased (D2) Nainath Gounder and also P.W.6 and one Govindasamy. They also hurled the country bombs. In that incident, not only Nainath died, but also P.W.6 and the said Govindasamy were seriously injured. The accused also damaged the tractor belonging to one Nagaraj and the motorcycle which belonged to P.W.5, and thereafter, they fled away from the place of occurrence.
(d) The said Vasantha, P.Ws.3 and 6 and the said Govindasamy were given treatment. The accident register copies in their regard are marked as Exs.P12, P16, P22 and P25 respectively.
(e) P.W.18, the Sub Inspector of Police, attached to the Taluk PS, Tirupattur, received a phone message at about 9.45 P.M. from one Ramachandran about the above crimes committed by all the accused who were naxalites. He after making an entry in the G.D., proceeded to Koodapattu Village and recorded the statement of Vasantha, the wife of D1. On the strength of the said report marked as Ex.P26, he registered a case in Crime No.314/78 under Sections 147, 148, 149, 307, 302 and 286 of IPC. The printed FIR, Ex.P27, was despatched to the Court.
(f) P.W.19, the Inspector of Police of the Circle, on receipt of the copy of the FIR, took up investigation, proceeded to the spot, made an inspection of the first incident place namely the house of Seenan, and prepared an observation mahazar, Ex.P28, and also a sketch, Ex.P29. Then he recovered 12 pamphlets under Ex.P30 mahazar. On 4.5.1978 he conducted inquest on the dead body of Seenan in the presence of witnesses and panchayatdars, and the inquest report prepared by him, is marked as Ex.P31. Then he sent the dead body to the Government Hospital for the purpose of postmortem along with a requisition Ex.P32 through a Head Constable. He recovered the material objects under a cover of Ex.P34, mahazar from that place of occurrence.
(g) P.W.19 also prepared an observation mahazar at the place where the telephone wire was disconnected. Ex.P36 is the said observation mahazar. Thereafter he proceeded to the place where the second incident has taken place in which Ninath Gounder and others were attacked, and prepared an observation mahazar, Ex.P37, and also a rough sketch, Ex.P38. He recovered all the mater
