Back
2013 Supreme(Mad) 2714
Before the Madurai Bench of Madras High Court
S. RAJESWARAN & T. MATHIVANAN, JJ.
Amirtharaj & Another
Versus
State rep. by Inspector of Police, Virudhunagar District
Criminal Appeal (MD) No. 146 of 2008
Decided on : 31-07-2013.
For the Appellants:S. Ashok Kumar, Senior Counsel for K.J. Associates, Advocates.
For the Respondent: R. Ramachandran, Additional Public Prosecutor.
Headnote:
Criminal Appeal - Conviction under Sections 302, 392 r/w 397 and 201 I.P.C. - Summary of Acts and Sections: IPC Sections 302, 392, 397, 201 - The court discussed the circumstantial evidence, including the recovery of items, confessional statements, and witness testimonies, to establish the guilt of the accused. The court also considered forensic reports, DNA tests, and superimposition tests to confirm the identity of the deceased and the cause of death.
Fact of the Case:
The prosecution relied on circumstantial evidence to prove the guilt of the accused in a case involving the death of a woman due to poisoning and subsequent burning of her body. The accused were found guilty based on witness testimonies, recovery of items, confessional statements, and forensic reports.
Finding of the Court:
The court found the accused guilty based on the circumstantial evidence presented by the prosecution, including witness testimonies, recovery of items, confessional statements, and forensic reports. The court dismissed the appeal and confirmed the conviction and sentence imposed by the trial court.
Issues: The main issue revolved around the sufficiency of circumstantial evidence to establish the guilt of the accused, especially in the absence of direct eyewitnesses to the crime.
Ratio Decidendi: The court relied on the chain of circumstantial evidence, including witness testimonies, recovery of items, confessional statements, and forensic reports, to establish the guilt of the accused beyond a reasonable doubt.
Final Decision: The court confirmed the conviction and sentence imposed by the trial court, dismissing the appeal and canceling the bail bonds of the accused.
S. Rajeswaran, J.
1. This memorandum of criminal appeal is directed against the Judgment dated 21.02.2008, made in the Sessions Case in S.C.No.34 of 2005, on the file of the learned Principal Sessions Judge, Virudhunagar District at Srivilliputturi.
2. The trial Court found the first appellant/first accused guilty under Sections 302, 392 r/w 397 and 201 I.P.C., and convicted and sentenced him to undergo life imprisonment with a fine of Rs.1,000/- for the offence under Section 302 I.P.C. with default sentence and sentenced him to under go seven years Rigorous Imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 392 r/w 397 I.P.C. with default clause and sentenced him to under go three years Rigorous Imprisonment and to pay a fine of Rs.500/- for the offence under Section 201 I.P.C. with default sentence. The second appellant/ second accused was found guilty under Sections 302 read with 114, 392 read with 397 and 201 I.P.C. and sentenced him to undergo life imprisonment with a fine of Rs.1,000/- for the offence under Sections 302 r/w 114 I.P.C. with default sentence and sentencing him to undergo seven years Rigorous Imprisonment with a fine of Rs.1,000/- for the offence under Section 392 r/w 397 I.P.C. and sentenced to undergo three years Rigorous Imprisonment with a fine of Rs.500/- for the offence under Section 201 I.P.C. with default sentence.
3. The entire case of the prosecution hinges only on circumstantial evidence. P.W.1/Village Administrative Officer, Sivakasi on information found a fully burnt dead body on the southern side of a bridge in Sivakasi - Vilampatti Road near Patthukal Mandapam on 29.03.2004 at about 12.30 p.m. He lodged a complaint (Ex.P.1) before the Sub Inspector of Police, Maraneri Police station and the same was registered in Crime No. 69 of 2004 under Section 174 Cr.P.C. on 29.03.2004 at about 1.30 p.m.
4. On 29.03.2004 at about 2.50 p.m., the Inspector of Police, Sivakasi Taluk Police Station proceeded to the place of occurrence and prepared a Rough Sketch (Ex.P.39) and an Observation Mahazar (Ex.P.2) in the presence of P.W.1 and one Ganapathi. The Investigating Officer/P.W.20 has also recovered broken Scissor (M.O.1), one litre plastic can with petrol smell (M.O.2), bunch of hair with hair clip and a portion of burnt gunny bag (M.O.3), a portion of burnt red and yellow colour Chudithar with flower design (M.O.4) and 15 cm length of rope (M.O.5). Then the Investigating Officer P.W.20 conducted inquest between 3.00 p.m. and 5 p.m. and made request for postmortem. Due to the condition of the body, postmortem was conducted by P.W.5 in the place where the burnt dead body was found. On the opinion of the doctor, P.W.20 altered the F.I.R. from 174 Cr.P.C. to 302 I.P.C.
5. The postmortem doctor P.W.5 conducted postmortem on 29.03.2004 at 5.00 p.m. and noticed deep charred burns all over the body. Scalp hair burnt, only 3" hair present in few areas. P.W.5 preserved the Hyoid bone, skull, Pelvis bone, right femur, blood, vaginal swab, stomach with parts of intestines, part of liver and kidney. P.W.5 gave his opinion after obtaining opinion of viscera and other chemical analysis report on 22.07.2004 that the deceased appears to have died of diazepam poisoning.
6. Poison diazepam was detected from stomach, Intestines, liver and Kidney as per Viscera Report dated 21.04.2004. The District Police Surgeon, Department of Forensic Medicine of Madurai Medical College Hospital in his report dated 05.05.2004 (Ex.P.28) has stated that Hyoid Bone is in tact. The femur and pelvic bone appears to be Human in origin and appears to be female aged 18 to 20 years.
7. P.W.4 Ravi lodged a complaint before the Sivakasi East Police Station on 30.03.2004 that his daughter Brigit Ahila Mary, who went on 28.03.2004 in a bicycle did not return home. The Sivakasi East Police took him to Sivakasi Taluk Police Station on the information that an unknown burnt dead body was recovered in their jurisdiction. P
