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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A. SELVAM & T. MATHIVANAN, JJ.
A. Kumaran – Appellant
Versus
State Rep. by the Inspector of Police – Respondent
Criminal Appeal (MD) No. 354 of 2007
Decided On : 20-02-2015
Criminal Appeal - Convictions and Sentences - Indian Penal Code - Section 449, Section 302 - The court discussed the evidence and motive for the occurrence, and found the accused guilty under Sections 449 and 302 of the Indian Penal Code.
Fact of the Case:
The accused was convicted and sentenced for pouring heated milk on the deceased and attacking him with a knife, resulting in fatal injuries and death.
Finding of the Court:
The court found the accused guilty under Sections 449 and 302 of the Indian Penal Code based on the evidence and motive for the occurrence.
Issues: The issues included the examination of witnesses, recovery of evidence, and representation of the accused during framing of charges.
Ratio Decidendi: The court considered the evidence given by witnesses and the motive for the occurrence to establish the guilt of the accused under the relevant sections of the Indian Penal Code.
Final Decision: The Criminal Appeal was dismissed, and the convictions and sentences passed by the trial court were confirmed.
A. Selvam, J.
1. This Criminal Appeal has been directed against the convictions and sentences dated 05.09.2006 passed in Sessions Case No. 109 of 2006 by the Principal District and Sessions Court, Madurai.
2. The crux of the case of the prosecution is that the defacto complainant by name Jeyalakshmi is the wife of the deceased and she has been running a small hotel and she known the accused. Prior to seven months, wife of brother of the accused by name Dhanalakshmi has used to come to hotel of the defacto complainant and two days prior to Deepawali, the said Dhanalakshmi has eloped with the accused and with regard to such elopement, prior to 4 or 5 days from the date of occurrence, the accused has enquired the deceased about the said Dhanalakshmi. The said Dhanalakshmi after coming to village has committed suicide. On the date of occurrence, the accused has come to hotel of the defacto complainant and stated that only due to disrespect caused by the deceased to the said Dhanalakshmi she committed suicide and at about 12.00 noon, the accused has poured heated milk on the person of the deceased and with an intention to murder him, he attacked on his chest by using a knife and due to his overtacts, the deceased has sustained injury. After occurrence, he has been taken to Government hospital, Melur, where it is informed that the deceased has passed away and subsequently the defacto complainant has given the complaint, Ex.P1 and the same has been registered by the Sub Inspector of Police (PW13) in Crime No.1390 of 2004 under Section 302 of the Indian Penal Code.
3. On receipt of Ex.P1, the Inspector of Police, PW16 has taken up investigation and examined connected witnesses and also made arrangements to conduct autopsy on the body of the deceased. The doctor by name Venkatachalam (PW15) has conducted autopsy and found the following external and internal injuries:
Ante-mortem injuries:
External Injury:
(i) A scaled injury left shoulder and back 20 x 20 cm.
(ii) An incised wound 6 cm below right nipple 2 x 2 cm penetrating in nature.
On dissection subcutaneous haemorrhage present (blood clots seen) with extended through & intercostal space. On opening of thorax, right lobe of liver was found to be lacerated over blood clots seen over peritoneal cavity and right pleural cavity about 1000 ml of blood clots seen. Hyoid intact. Left and right lungs pale. Cut section pale. No injury. Abdomen : stomach pale. C/s.Pale. Contains partially digested food matter. Intestine filled with gases. Spleen kidneys pale. C/s.Pale. No injury. Bladder empty.
4. The postmortem certificate has been marked as Ex.P8. After completing investigation, the Investigating Officer has laid a final report on the file of the Judicial Magistrate Court, Melur and the same has been taken on file in PRC No.61 of 2005.
5. The Judicial Magistrate, Melur has furnished copies of all documents to the accused under Section 207 of the Code of Criminal Procedure, 1973 and after coming to a conclusion to the effect that the offences alleged to have been committed by the accused are triable by Sessions Court, has committed the case to the Court of Sessions, Madurai Division and the same has been taken on file in Sessions Case No.109 of 2006.
6. The trial court after considering the available materials on record has framed first charge under Section 449 and second charge under Section 302 of the Indian Penal Code against the accused and the same have been read over and explained to him. The accused has denied the charges and claimed to be tried.
7. On the side of the prosecution, PWs.1 to 16 have been examined and Exs.P1 to P14 and M.Os.1 to 8 have been marked.
8. When the accused has been questioned under Section 313 of the Code of Criminal Procedure, 1973 as respects the incriminating materials available in evidence against him, he denied his complicity in the crime. No oral and documentary evidence have been adduced on the side of the accused.
9. The trial Court after analysing both t
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