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2013 Supreme(Mad) 1426

High Court of Judicature at Madras
K.N. BASHA & P. DEVADASS, JJ.
R. Baskar
Versus
State by Inspector of Police Perambalur Police Station
Crl.A.No. 509 of 2012
Decided On : 27-03-2013

Advocates Appeared:
For the Appellant:Dr. A.E. Chelliah, Senior Counsel for M/s. Vasanthakumari Chelliah, Advocate.
For the Respondent: V.M.R. Rajendran, Additional Public Prosecutor.

The central legal point established in the judgment is the requirement for reliable and consistent evidence, the importance of conducting identification parades, and the significance of genuine and timely reporting of criminal occurrences.

Headnote:

Eyewitness - Criminal Law - Section 302 IPC - Summary

Fact of the Case:

The appellant was convicted for the offence under Section 302 IPC for allegedly murdering the deceased, who was the wife of PW1. The prosecution's case relied on the evidence of eyewitnesses PWs.1 and 2, and PW3, along with medical evidence.

Finding of the Court:

The court found serious infirmities, inconsistencies, and inherent improbabilities in the evidence of the eyewitnesses. It also noted the possibility of suppression of the earlier report and the doubtful arrest and recovery of the weapon. Consequently, the court held the impugned judgment of conviction to be unsustainable and acquitted the appellant of all charges.

Issues: The issues revolved around the reliability of the eyewitnesses' testimony, the genuineness of the report, and the credibility of the arrest and recovery of the weapon.

Ratio Decidendi: The court emphasized the need for clear, cogent, and consistent evidence, and highlighted the importance of conducting an identification parade to test the veracity of witness identification. It also stressed the significance of genuine and timely reporting of the occurrence to the police.

Final Decision: The appeal was allowed, and the conviction and sentence imposed on the appellant were set aside. The appellant was acquitted of all charges.

Judgment :-

K.N. Basha, J.

1. The challenge in this appeal is to the judgment of the learned Sessions Judge, Mahila Court, Perambalur dated 14.06.2012 made in S.C.No.89/2011, convicting the appellant for the offence under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs.5,000/- in default to undergo 2 years simple imprisonment.

2. The accused/appellant faced the trial under the following backdrop:

2.1. PW1 is the husband of the deceased Premavathi. The deceased was working as Craft Teacher in Moulana School at Perambalur. PW1 was working as Watchman in Dhanalaxmi Srinivasan Polytechnic College, Perambalur. They have been blessed with two female children, namely, Rekha and Priya. Everyday, PW1 used to drop the deceased to School in his cycle.

2.2. The accused is also a resident of the same place. PW1 alleged that the accused was troubling his daughter Rekha frequently for the last two years. On one day, the deceased, wife of PW1 along with Rekha, daughter of PW1 was proceeding near Uzhavar Sandhai and at that time, the said Rekha pointing out the accused and stated to the deceased that he was frequently troubling her. The deceased warned the accused. Rekha also complained to PW1 about the frequent trouble given by the accused. Fifteen days prior to the occurrence, PW1 and the deceased made marriage arrangements for their daughter Rekha and the marriage was also over. In view of the same, there were strained feelings between the accused and the deceased family.

2.3. On the fateful date of occurrence, i.e., on 09.03.2011, at 8.45 a.m, PW1 took his wife, the deceased, in his cycle and left her in the School. Thereafter, while he was returning at 9.30 a.m, he heard the hue and cry of the deceased. When he turned back, he saw the accused cutting the deceased on her chest and neck with an Aruval. Thereafter, the accused ran away from the scene with the Aruval. PW1 lifted the deceased and found that the deceased already dead.

2.4. The above said occurrence was also claimed to have been witnessed by PW2, who was working as English Teacher in the same school viz., Moulana School, Perambalur, where the deceased was working. PW3, who was residing in a different place, claimed to have seen the accused running with an Aruval on 09.03.2011 at 09.00 a.m.

2.5. Thereafter, PW1 went to Perambalur Police Station and narrated about the occurrence to PW15, the Sub-Inspector of Police, which was recorded by PW15 under Ex.P1. PW15 registered a case in Crime No.137/2011 for the offence under Section 302 IPC. Ex.P14 is the Express F.I.R. PW15 sent the Express F.I.R, Ex.P14 and Ex.P1 to the higher officials and to the Court.

2.6. PW16, the Inspector of Police, took up the investigation on receipt of the F.I.R. He went to the scene of occurrence at 10.45 a.m and prepared Observation Mahazar, Ex.P2 and Rough Sketch, Ex.P3 in the presence of the witnesses PW7 and another. He held inquest on the dead body of the deceased at 12.00 noon. Ex.P15 is the Inquest Report. During inquest, he has also examined the witnesses. He has sent the body for postmortem.

2.7. PW12, the Doctor attached to the Government Hospital, Perambalur conducted postmortem on 09.03.2011. He found the following injuries:

“A cut injury over back of middle neck 10 cm from both ear lobes runs transversly from lateral margin of left side neck up to right side neck stemo leidomartoid with injury right carotid and jagalar vessel and transection of spinal cord at C4 level. Dimension 15 x 5 x 7 in centimeter.”

The Doctor is of the opinion that the deceased would appear to have died of shock and hemorrhage due to injury to vital organs like spinal cord and blood vessels of neck about 3 to 8 hours prior to autopsy.

2.8. PW16, in continuation of his investigation, recovered blood stained earth, M.O.1, ordinary earth, M.O.2, one pair chapels, M.O.3, one black colour rexin bag, M.O.4 from the scene under Mahazar in the presence of the witnesses. He has examined the other

































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