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THE MADURAI BENCH OF MADRAS HIGH COURT
M. Jaichandren and S. Nagamuthu, JJ.
Meeran @ Ashok
Versus
State rep. by the Inspector of Police, Tuticorin North Police Station, Tuticorin District
Crl. A. (MD). No. 1586 of 2003
Decided On : 6 November 2012
Criminal Conspiracy - Murder - Section 120(B), Section 148 IPC, Section 302 IPC, Section 109 IPC, Section 3 of E.S. Act, Section 5 of E.S. Act - The judgment discusses the charges framed against the accused, including criminal conspiracy, murder, and possession of explosives under various sections of the Indian Penal Code and Explosives Substances Act. The court analyzes the evidence presented, including witness testimonies and medical evidence, and concludes that the prosecution failed to prove the case beyond all reasonable doubts.
Fact of the Case:
The appellant was convicted under Section 302 IPC for his alleged involvement in a murder case. The prosecution's case relied on witness testimonies and medical evidence to establish the appellant's guilt.
Finding of the Court:
The court found that the prosecution's evidence, particularly the witness testimonies of P.Ws.1 and 2, was not reliable and lacked corroboration from independent sources. The court also noted contradictions between the witness testimonies and medical evidence, casting doubt on the prosecution's case.
Issues: The issues revolved around the reliability of witness testimonies, the adequacy of corroboration from independent sources, and the inconsistencies between the prosecution's case and the medical evidence.
Ratio Decidendi: The court held that an evidence of a witness which is partly believable and partly unbelievable cannot be safely acted upon without corroboration from independent sources. In this case, the lack of corroboration and contradictions in the evidence led the court to conclude that the prosecution failed to prove the case beyond all reasonable doubts.
Final Decision: The criminal appeal was allowed, the conviction and sentence imposed on the appellant were set aside, and he was acquitted of all the charges.
Mr. S. NAGAMUTHU, J.
1. The appellant is the second accused in S.C. No. 138 of 2003, on the file of the learned Principal Sessions Court, Tuticorin. Altogether, there were 13 accused in this case, including this appellant. One accused, by name, Irudhyaraj absconded even before the framing of charges. The rest of the 12 accused, including this appellant, faced trial. The trial Court framed as many as eight charges, which are as follows:
Charge No. Accused Charges framed against the accused
1. 7 to 10 and 12 Criminal conspiracy in order to commit murder under Section120(B) IPC.
2. 1 to 6 Rioting armed with deadly weapons punishable under Section148 IPC.
3. 1 and 2 Murder punishable under Section 302 IPC.
4. 3 to 6 Member of unlawful assembly while the remaining members committed murder under Section 302 read with 109 IPC.
5. 2 Exploding country bomb in a public place in order to endanger human life under Section 3 of E.S. Act.
6. 2,3,7 Possession of country bomb punishable under Section 5 of E.S. Act
7. 11 Abetting to commit murder punishable under Section 302 read with 109 IPC.
8. 7 and 10 to 12 Murder committed by others on the strength of criminal conspiracy punishable under Section 302 read with 120(B) IPC.
2. By judgment dated 29.8.2003, the trial Court acquitted all the accused except this appellant. So far as the appellant is concerned, the trial Court has acquitted him from the charge under Section 148 IPC and Sections 3 and 5 of Explosives Substances Act, 1908, but, convicted the appellant only under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default, to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellant is now before this Court with this appeal.
3. The case of the prosecution is as under:
3.1. The deceased in this case was one Vanniaperumal @ Durai. P.Ws.1 and 2 are the cousin and brother respectively, of the deceased. They are the residents of Tuticorin. They belong to Konar Community. During the year 1995, one Gopal was allegedly murdered. The deceased was one of the accused in the said murder case. Again, on 14.4.2000, one Sankarapandi was allegedly murdered by the people belonging to Konar Community. Because of the above occurrence, there was lingering enmity between the deceased and the other group of people at Mukkani Village.
3.2. On 21.8.2000, at about 7.00 a.m, P.Ws.1 and 2 and the deceased had gone to shops in Tuticorin for the purpose of supplying milk, which was the business of the deceased. After completing the said work, they were returning in by-cycles towards their village. The deceased was proceeding first in a cycle, followed by P.Ws.1 and 2 in another cycle. When they were nearing Easckiamman Temple, one person suddenly appeared before them and hurled a country bomb at the deceased. It fell on the back of the deceased and caused multiple injuries. The deceased fell down. At that time, two other persons emerged from a nearby bridge, with aruval in their hands. They cut the deceased indiscriminately with aruvals. The person, who threw the country bomb also cut him with aruval. By seeing the occurrence, P.Ws.1 and 2 raised alarm. All the three assailants ran away towards north with the weapons. The deceased succumbed to the injuries instantaneously.
3.3. Immediately, P.W.1 proceeded to Tuticorin North Police Station and gave an oral information regarding the occurrence. P.W.16, the then Sub-Inspector of Police, Tuticorin, reduced the statement of P.W.1 into writing under Exhibit P-1. P.W.2 was also present in the police station at the time when the statement of P.W.1 was reduced into writing. Based on the same, P.W.16 registered a case in Crime No. 547 of 2000 under Section 302 IPC and Sections 3 , 4 and 5 of the Explosive Substances Act. Exhibit P-18 is the First Information Report. He forwarded Exhibit P-1 and Exhibit P-18 to the jurisdictional Magistrate forthwith. Then, at 8.30 a.m, P.W.16 han
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