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2000 Supreme(Mad) 580

IN THE HIGH COURT OF JUDICATURE, TAMIL NADU AT MADRAS
S. Jagadeesan and M. Karpagavinayagam, JJ.
Murugan and two others
Vs
State
Criminal Appeal No. 725 of 1989
Decided on : 21-6-2000

Advocates Appeared:
M/s. N.T. Vanamamalai, SC for Mr. S. Palanivelayutham for the Appellants.
Mr. N.R. Elango, Govt. Advocate for the Respondent.

The main legal point established in the judgment is the requirement for clear, cogent, and unimpeachable evidence from a single witness in a murder case. The judgment emphasized the importance of establishing a motive and the need for the witness to be wholly reliable. It also highlighted the principle that the prosecution must prove its case beyond reasonable doubt and that the accused is not bound by their pleading.

Headnote:

Section 302 - Conviction based on single witness testimony - I.P.C. - [MURDER] - [Section 302, Section 34] - The court discussed the reliability of the single eyewitness, the motive for the murder, discrepancies in witness testimony, and the conduct of the accused. The judgment highlighted the need for clear, cogent, and unimpeachable evidence from a single witness in a murder case. It emphasized the importance of establishing a motive and the need for the witness to be wholly reliable. The court also emphasized that the prosecution must prove its case beyond reasonable doubt and that the accused is not bound by their pleading. The judgment referenced the principles established in the case of Vadivelu Thevar vs. State of Madras, AIR 1957 SC 614 = 1957 Cri. L.J. 1000.

Fact of the Case:

The appellants were convicted for the murder of the deceased Palanisamy. The prosecution's case relied on the testimony of a single eyewitness, P.W. 1, who reported the incident 9 hours after the murder. The defense challenged the witness's credibility, the motive for the murder, and discrepancies in the witness testimony.

Finding of the Court:

The court found that the witness's testimony was unreliable and lacked credibility. It highlighted discrepancies in the witness's account, the absence of a clear motive for the murder, and the conduct of the accused. The court concluded that the appellants were entitled to be acquitted due to the lack of clear and unimpeachable evidence.

Issues: The issues revolved around the reliability of the single eyewitness, the establishment of a motive for the murder, discrepancies in witness testimony, and the conduct of the accused.

Ratio Decidendi: The judgment emphasized the need for clear, cogent, and unimpeachable evidence from a single witness in a murder case. It highlighted the importance of establishing a motive and the need for the witness to be wholly reliable. The court also emphasized that the prosecution must prove its case beyond reasonable doubt and that the accused is not bound by their pleading.

Final Decision: The appeal was allowed, the conviction and sentence imposed upon the appellants were set aside, and the appellants were acquitted.

JUDGMENT

(Per M. Karpagavinayagam, J.)

The appellants 1 to 3 were convicted for the offence under Section 302 read with 34 of I.P.C. and sentenced to undergo life imprisonment in S.C. No. 69 of 1989 on the file of I Additional Sessions Court, Coimbatore for having attacked and murdered the deceased Palanisamy with the sticks and stone on 12/ 13-8-1989 at 1.00 a.m. at Saderpalayam Village.

2. Challenging the above conviction and sentence the appellants have filed this appeal.

3. The factual matrix which lead to the conviction of the appellants, is briefly stated hereunder:––

"(a) The first appellant Murugan is the father of Rasan, the second appellant and Sarasal, the third appellant. The deceased Palanisamy is the husband of Sarasal, the third appellant. P.W. 4 Raman is the father of the deceased Palanisamy. P.W. 1 Ayyasamy is the husband of P.W. 2 Palaniammal. All these persons belong to Saderpalayam village.

(b) P.W. 4 Raman is owning a house and a garden and punja lands in the same village. He is staying in the said house along with his wife. Just opposite to their house, the house of P.Ws. 1 and 2 is situated. They are weavers by profession. The deceased Palanisamy and his wife Sarasal, the third appellant were residing separately in Kinathangattu Thottam in the same village alongwith their three children. Near their house, P.W. 3 Karuppusamy, the local resident is staying.

(c) The deceased Palanisamy was a spendthri and always used to spend his days by consuming drinks and he became a drunkard. Since he was doing no work and leading his life in an irresponsible manner. P.W. 4 Raman, the father of the deceased executed a Will bequeathing all his properties in favour of the third appellant Sarasal and her sons. Ex.P-2 is the Will. Having grudge over this, the deceased always used to abuse the third appellant. Consequently, there was a frequent quarrel between them.

(d) Ten days prior to the occurrence, P.W. 4 Raman and his wife left their village and went to Vadugapalayam, wherein their daughter's house is situated, to stay there for some time, as his wife was not well. The fateful occurrence took place in the midnight of 12-8-1988 Friday. On Thursday, there was vociferous quarrel between the third appellant and the deceased in their house. P.W. 3 Karuppusamy, who was a neighbour, went and pacified them and asked them not to quarrel any more. On Friday at 12 midnight, P.W. 3 Karuppusamy, while he was lying in his bed, heard the sound from the house of the third appellant. He went near the fence and saw the deceased was running towards East to Saderpalayam village and all the three appellants were chasing him.

(e) At about 1.00 a.m. P.W. 1 Ayyasamy was engaged in weaving a saree. P.W.2 Palaniammal also was doing the same. At that point of time the deceased came and sat on the pial of the house of P.W. 4. Few minutes later, all the three appellants appeared there with weapons in their hands and then they began to beat the deceased. The first appellant Murugan with Kattu Thadi M.O. 3 beat on his neck and head, when the deceased fell down from the pial, the second appellant Rasan with Kavaikoal M.O. 4 hit him on the back. He also attacked him with a stone M.O. 2. On seeing this incident, P.W. 1 P.W. 2, and Rangan came near the deceased. On seeing them, all the three appellants escaped from the place with weapons. The deceased was found with bleeding injuries, gasping for life. P.W. 1, poured water into mouth. Within a few minutes, the victim Palanisamy died there itself. By that time P.W. 3 also came there. P.W. 1, informed him as to what happened.

(f) Thereafter, P.W. 1 sent intimation to P.W. 4 to Vadugapalayam. Next day morning i.e. on 13-8-1988, P.W.1 went to Perumanallur Police Station and gave a complaint to P.W. 9, the Sub-Inspector of Police. The said complaint Ex.P-1 was registered in Crime No. 149/88 at about 9.30 a.m. against the accused under Section 302 I.P.C. Then, he prepared the F.I.R. Ex.P-21 and sent the same to the Mag









































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