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2012 Supreme(Mad) 193
Madras High Court
N. PAUL VASANTHAKUMAR, P. DEVADASS, JJ.
J. Xavier
Versus
State represented by The Inspector of Police
Criminal Appeal (MD) No. 172 of 2011 & M.P.(MD)No. 2 of 2011
Decided on : 10-01-2012
For the Appellant:AN. Ramanathan, Advocate.
For the Respondent: K.S. Duraipandian, Addl Public Prosecutor.
In cases based on circumstantial evidence, each circumstance must be proved beyond all reasonable doubts, and a complete chain of evidence must unerringly proceed towards the conclusion of the accused's guilt, excluding any hypothesis of innocence.
Headnote:
Criminal Appeal - Conviction and Sentencing - Sections 342, 148, 302 r/w 34 IPC - The court discussed the evidence and circumstances relied on by the prosecution, including motive, last seen alive, and recovery of weapons and clothes. The court emphasized the importance of proving each circumstance beyond reasonable doubt and the need for a complete chain of evidence to establish guilt. The court found that the prosecution failed to prove the charges against the appellant, leading to his acquittal.
Fact of the Case:
The appellant was convicted and sentenced for offences under Sections 342, 148, and 302 r/w 34 IPC based on circumstantial evidence. The prosecution's case relied on the testimony of the deceased's mother, last seen alive, and recovery of weapons and clothes. The appellant challenged the conviction, arguing that the evidence was not sufficient to prove his guilt.
Finding of the Court:
The court analyzed the evidence and circumstances presented by the prosecution, emphasizing the need to prove each circumstance beyond reasonable doubt and establish a complete chain of evidence. The court found that the prosecution failed to prove the charges against the appellant, leading to his acquittal.
Issues: The main issue was whether the prosecution had successfully proven the appellant's guilt based on the circumstantial evidence presented.
Ratio Decidendi: The court emphasized the requirement to prove each circumstance beyond reasonable doubt and establish a complete chain of evidence in cases based on circumstantial evidence. The court also highlighted the importance of motive and the need for it to be substantiated with relevant and sufficient evidence.
Final Decision: The Criminal Appeal was allowed, the appellant's conviction and sentences were set aside, and he was acquitted of all charges. The court ordered his immediate release from jail and the refund of the fine amount already paid.
P. DEVADASS, J.
1. Out of the five accused, who were convicted and sentenced in S.C.No.187 of 2010 by the learned Additional Sessions Judge, (Fast Track Court), Dindigul, A.2 Xaiver Raj has directed this appeal. For the sake of convenience, throughout this appeal, we shall call him the appellant.
2. In the said Court, in the said case, A.2 stood charged for offences under Sections 342,148 and 302 r/w 34 IPC. After trial, on 9.2.2011, the learned Additional Sessions Judge, convicted A.2 under Sections 342, 148 and 302 r/w 34 IPC.
3. The learned Additional Sessions Judge sentenced him as under:
(i) under Section 342 IPC : 1 year rigorous imprisonment
(ii) under Section 148 IPC : 3 years rigorous imprisonment
(iii) under Sections 302 r/w 34 IPC : life imprisonment and fine Rs.1,000/- in default, 6 months simple imprisonment.
The learned Additional Sessions Judge directed that all the said sentences shall run concurrently.
4. To bring home the charges levelled against all the accused including the appellant, prosecution examined PWs.1 to 17, marked Exs.P1 to17 and exhibited MOs.1 to 17.
5. The case of the prosecution as set out in the said evidence may briefly be stated as under:-
(i) PW.1 Innasiammal's son is Maria Bangiraj @ Paulraj (hereinafter Paulraj). They were residing in Vakkampatti. Six months prior to the occurrence Paulraj cut A.1 Kumar's leg with a knife. Quarrel arose between them. A.1's friends Xavier Raj (A.2/appellant), Chinnappar @ Chinnapparaj (A.3), Raja (A.4) and Thamaraikkanan @ Kannan @ Vellaisamy (A.5) separated both. A.1 threatened to kill Paulraj during the festival in Panjampatti village.
(ii) On 17.4.2009, at about 11 p.m., after attending the festival, Paulraj returned home. After taking meals, at about 11.30 p.m., he was standing outside his house. His mother Innasiammal (PW.1) was also standing nearby. At about that time, A.1 to A.5 came wielding knives. They started throwing the knives at Paulraj telling that they could not kill him at the festival as he had escaped. Paulraj started running towards PW.6 Santhanaraj's garden. PW.1 followed them crying that they are going to kill her son. Since it was dark and as she had also thought that her son would have escaped, she had returned home. On the next day, at about 7a.m., Palani, the Village Vice President told PW.1 that he had seen her son dead with injuries in the said garden. PW.1 rushed there. Found her son dead.
(iii) On the same day, at about 9.30 a.m., PW.1 went to Dindigul Taluk Police Station and gave Ex.P.1 statement to Thangaraj, Sub Inspector of Police (now dead). It was attested to by PW.2 Duraisamy @ Savarimuthu, brother of PW.1's husband. Thangaraj registered this case ( Ex.P.13 F.I.R.).
(iv) On receipt of a copy of the F.I.R., PW.16 Inspector, Balasundaram, took up his investigation. He came to the scene place. In the presence of PW.10 Ramu and one Thirumalai Raj, he prepared Ex.P.5 Observation Mahazar. Drew Ex.P.14 Rough Sketch of the scene place. Recoverd blood stained sand (MO.1) and plain sand(MO.2) under Ex.P.6 Mahazar. Examined PW.1 and other material witnesses and recorded their statement. In the presence of Panchayathdars, he held inquest over the dead body of Paulraj (Ex.P.15 Inquest Report). PW.16 sent the dead body through PW.15, Head Constable, Udayakumar with Requisition Ex.P.3 to Government Hospital, Didnigul for post-mortem.
(v) PW.9. Dr.Anbu Selvan conducted autopsy on the body of deceased Paulraj. He found the following:-
External Injuries:
(1) A deep cut injury over front of nex 25 cm x 6 cm
(2) A cut injury from right ear to chin 20 cm x 3 cm
(3) Two cut injury above right ear (10x3x3, 6x3x3)
(4) A cut injury above right side upper lip 5 cm x 2 cm
(5) A cut injury on left hand little finger 3 cm x 2
(6) A cut injury over left writ 4 cm x 2
(7) Two cut injuries on left palm of the hand 4 cm x 2
(8) A cut injury on left elbow 4 cm x 2
(9) A cut injury on right hand thumb
(10) Two cut injuries on right elbow 3 x
