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2009 Supreme(Mad) 1923
MADURAI BENCH OF MADRAS HIGH COURT
R. Banumathi, R. Mala, JJ.
M. Pitchai Kali @ Pitchai Kali Raj
Versus
State rep. by Inspector of Police, Thalavaipuram Police Station,
Crl. A. (MD) No. 305 of 2008
Decided On : 26th, June 2009.
E. Somasundaram, for Petitioner
Daniel Manohar Addl. Public Prosecutor, for Respondent
The main legal point established in the judgment is the reliance on circumstantial evidence to establish guilt, the burden of proof in establishing the plea of insanity, and the need for convincing evidence to support such a plea.
Headnote:
MURDER - Conviction under Section 302 IPC - [302 IPC] - The court discussed the circumstances and evidence leading to the conviction of the accused for the murder of his parents. The court highlighted the motive, the accused's conduct before, during, and after the offense, and the recovery of the weapon and bloodstained clothes as crucial evidence. The court also addressed the plea of insanity raised by the accused, emphasizing the burden of proof and the lack of convincing evidence to establish the plea.
Fact of the Case:
The accused was convicted for the murder of his parents, who had arranged his marriage and given him an initial amount for the wedding. The accused frequently quarreled with his parents over the remaining marriage payment. On the day of the incident, the accused was seen leaving the house with a weapon, and the victims were found dead with cut injuries.
Finding of the Court:
The court found the accused guilty based on circumstantial evidence, including the motive, the accused's conduct, and the recovery of the weapon and bloodstained clothes. The court rejected the plea of insanity due to lack of convincing evidence.
Issues: The key issues were the establishment of the accused's guilt based on circumstantial evidence, the plea of insanity, and the burden of proof in establishing the plea.
Ratio Decidendi: The court emphasized the importance of fully proving the circumstances and the absence of gaps in the evidence. The court also highlighted the burden of proof in establishing the plea of insanity and the need for convincing evidence to support such a plea.
Final Decision: The court confirmed the conviction and sentence of the accused, dismissing the appeal.
Ms. R. BANUMATHI, J.
This appeal is directed against the verdict of conviction in S.C. No. 107 of 2007 dated 6.2.2008 on the file of Principal Sessions 2 Judge, Virudhunagar District @ Srivilliputhur convicting the Appellant-Accused under Section 302 IPC (2 counts) and sentencing him to undergo life imprisonment and also imposing fine.
2. Accused-Pitchaikali @ Pitchaikali Raj is the son of deceased Madasamy Nadar and Neelavathy. PW 1-Jayaraj, PW2-Kadarkarai Nadar and PW5-Mookkammal are related to the deceased and accused as under:-
Durgaiammal = Kadarkarai Nadar (PW2) Neelavathy (Deceased No. 2) = Madasamy Nadar (Deceased No. 1)
Jayaraj (PW1) = Mookammal (PW5) Pitchaikali @ Pitchaikali Raj (Accused)
3. Deceased Madasamy Nadar was working in a hotel and Neelavathy was rolling beedies. Accused was working in the tailor shop of PW3-Ramachandran and not having permanent work.
4. About one month prior to the occurrence, deceased Madasamy Nadar and Neelavathy arranged for marriage of accused 3 with the second daughter of PW4- Jeevajothi. Sridhana cash of Rs. 20,000/- and 15 sovereign jewels were agreed to be given for the marriage. Out of the Sridhana amount of Rs. 20,000/-, Rs. 10,000/- was paid to the deceased. Demanding for the amount of Rs. 10,000/-, the accused was frequently quarrelling with his parents.
5. On 19.7.2007, PWs. 1 and 5 were sleeping in their house. PW1 running a tea shop got up early morning at 4'0 clock on 20.7.2007 and he was washing his face. At that time, PW1 heard noise . When PWs.l and 5 rushed to the house of the deceased and accused, accused was found coming out with Aruval and went away. Deceased Madasamy Nadar and Neelavathy sustained cut injuries and found dead.
6. PW 1-Jeyaraj went to Thalavaipuram Police Station at 5.30 a.m. on 20.7.2007 and lodged Exhibit P-l-Complaint, in which PW2-Kadarkarai Nadar signed as in Exhibit P- l. On receipt of Exhibit P-1-Complaint, PW14-S.I. of Police registered the case in Cr.No.240/2007 under Section 302 IPC. Exhibit P-14 is the printed FIR
7. PW16-Inspector of Police has taken up investigation and inspected the scene of occurrence at 7.30 a.m. on 20.7.2007 in the presence of PW6-VAO and witness Velusamy (Village Assistant) and prepared Exhibit P-3-Observation Mahazar and Exhibit P-19-Rough Plan. He had also arranged to take photographs of scene of occurrence through PW8- Muniasamy. PW8-Photographer took video (M09) and photographs (MO10-series).
8. Witnesses were examined in the presence of panchayatdars and inquest was held on the bodies of deceased Madasamy Nadar and Neelavathy. Exhibit P-20 is the Inquest report of deceased Madasamy Nadar and Exhibit P-21 is the Inquest report of deceased Neelavathy. After inquest the bodies were sent through PWs.10 and 11-Head Constables respectively for autopsy. On 20.7.2007 at 12.00 noon, PW16-10 seized M03 (series)-bloodstained tiles with hair from the place where body of deceased Neelavathy was lying; M04 (series)-bloodstained tiles with hair from the place where body of deceased Madasamy was lying; M05 (series)-sample tiles; M06 (series)-bloodstained mats; M07 (series)-bloodstained pillows under Exhibit P-4-Seizure Mahazar.
9. Based on the requisition from IO, PW15-Dr.Karkuzhali conducted autopsy on the body of the deceased Neelavathy at 8.30 a.m. on 20.7.2007. PW15 noted the following injuries: -
Irregular lacerated wound in the back of the neck involving lower scalp and neck 18 x 3 x 3cm extending from one side ear to other side.
Incised wound 7 x 2 x 4cm on the right side back of the shoulder.
Incised wound 10 x 3 x 3cm on the back right side.
Incised wound 4 x 1 x 1cm on the left shoulder back.
Irregular lacerated wound 11 x 4 x 3cm on the front of the neck.
Incised wound 4 x 3 x 3 on the left side of mandible.
Incised wound l x l 3cm below the previous wound.
Incised wound one below the other 1 x 3 x 2cm on the left side of front of the chest cavity.
Incised wound 7 x 3 x 3 cm on the left hand shoulder.
PW15 opined that death wa
