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2012 Supreme(Mad) 1499
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. MOHAN RAM & THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI
Anand @ Ananda Venugopal @ Sivakumar
Versus
The State rep by Inspector of Police
Crl.Appeal No.153 of 2011
Decided on : 27-03-2012
For the Appellant:Philip Ravindran Jesudoss, Advocate.
For the Respondent: V.M.R. Rajendran, APP.
Headnote:INDIAN PENAL CODE, 1860 - Sections 302 & 380 - Allegation of murder by stabbing - Conviction by trial curt - Circumstantial evidence - Considerations - HELD, when a case rested on circumstantial evidence, such evidence must satisfy following tests - (1) The circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established. (2) Those circumstances should be of definite tendency unerringly pointing towards the guilt of the accused. (3) The circumstances, taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else, and (4) The circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence - In any circumstantial evidence, the chain of events should be complete in establishing the guilt of the accused. A mere suspicion, however grave cannot take the place of legal proof. The entire edifice of the prosecution rests only on circumstantial piece of evidence. Though circumstances are that there was strong motive for the accused to liquidate the deceased, both the accused and the deceased were seen together before and after the occurrence; the suspicious conduct of the appellant before and after the occurrence - Circumstances relied on by court - 1. On seizure of mobile phone the signature of accused in mobile application form found tailed with his signature under Section 313 statement. 2. PW2 to 5 have identified accused in T.T.R. 3. Reason for injury on accused stated by him to PW13 was due to attack on him by some person, which is different from reason given as due to fall. 4. Mobile phone identified by PW26 as that of deceased. 5. Plea of accused that he was not identified as wearing spectacles, rejected. Simply because appellant was not identified and wearing spectacles, held, will not discredit evidence of witnesses who have identified accused - Conviction confirmed.
Result: Criminal Appeal allowed.
G.M. AKBAR ALI, J.
1. The appellant was convicted for the offence punishable under Sec.302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo 6 months Simple Imprisonment and also convicted for the offence punishable under Sec.380 IPC and sentenced to undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo 6 months Simple Imprisonment by the learned Additional District and Sessions Judge, (FTC No.IV), Chennai.
2. The case of the prosecution, in a nutshell, is as follows:
(a) P.W.1 one Subramanian and his wife Kala were residing at III floor in Flat No.5, Door No.2/92, 92nd Street of 18th Avenue at Ashok Nagar. They have a son Yaswanth, who was studying Engineering at Venkateswara Engineering College at Sriperumbudur. The said Yaswanth used to leave the house at 7.15 a.m to college. P.W.1 usually leaves around 10.00 a.m for his office. His wife Kala used to go to the Gym at 10.30 a.m and return around 1.30 p.m and P.W.1 and his son will always come home only in the evening.
(b) P.W.2 is living in the II floor of the same apartment along with her family. P.W.3 is living in the Flat No.6, just opposite to the flat of P.W.1. P.W.4 is a sweeper working in various flats in the same apartment. She used to come around 10.00 a.m and used to leave after lunch time. P.W.5 was a Watchman of the apartment which is known as Sai Prasanth Apartment. P.W.6 is a vegetable vendor, who used to sell vegetables in the streets in a four wheeler push cart.
(c) The appellant is a Carpenter who is known to P.W.12, who is an Interior decorator and who is also known to P.W.1. The appellant is also known to P.W.11 and P.W.13 who are his friends. The appellant, P.W.11 and 13 used to gamble in horse race.
(d) Some time earlier to the occurrence, P.W.1 requested P.W.12 to arrange a person to repair the sofa of his house. P.W.12 took the appellant to the house of P.W.1 and introduced him to the wife of P.W.1 Kala. The appellant gave his phone number to Kala.
(e) On 19.1.2010, the son of P.W.1 left for college as usual. P.W1 also went for office. Around 12.20 p.m, his wife called P.W.1 from the Gym and had a casual talk. Around 1.45 p.m, P.W.3 was in her house as her son Aravind Narayanan was preparing for his exams. She was in the kitchen. Her son Aravind Narayanan said that he heard some noise in the house of P.W.1. Therefore, P.W.3 made a call to the land line of P.W.1 and even though the phone was ringing, no one answered. She tried the mobile number of Kala. Still there was no response. She came out of her flat and at the time, P.W.4 the sweeper Alamelu came to that floor. P.W.3 told that there was some noise from the house of Kala and therefore, P.W.4 pressed the calling bell, for which, there was no answer.
(f) P.W.5, Watchman also came to the floor. However, the witnesses did not suspect anything and PW.3 went back to her house and P.W.4 and 5 went down. P.W.2 the resident of the II floor came out of the house. P.W.4 Alamelu apprised her about the incident. Therefore, P.W.2 made a phone call to the mobile phone of Kala and there was a long ring. At the same time, both of them heard a noise of somebody jumping on the steps followed by some one running down in the staircase. When PW.2 and 4 were watching a person wearing black pant and black T shirt was coming down in the staircase and he was not wearing chappels. When enquired, he said, he was called to the Flat No.5 and so answering, he hurriedly went down the staircases. As he was going down, P.W.2 and 4 saw a cordless phone sticking out from his backside pant pocket. P.W.4 went to the house of Kala. She saw the door open and she entered only to find the dead body of Kala in a pool of blood.
(g) Shocked by what she saw, she went down the stairs to apprise P.W.2. P.W.2 went to the Flat and found Kala in a pool of blood. She called her name, but there was no response from her. P.W.3 also saw the dea
