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2015 Supreme(Mad) 2075
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DEVADASS, J.
Ananthan & Another – Appellants
Versus
State by Inspector of Police, Porayar Police, Nagapattinam District – Respondent
Crl. A. Nos. 244 of 2006 & 419 of 2007
Decided On : 16-06-2015
For the Appellants:S. Sivakumar for M/s. K.M. Vijayan Associates, S.S. Jothivani, Advocates.
For the Respondents: Govindarajan, Additional Public Prosecutor.
The prosecution must establish the guilt of the accused beyond all reasonable doubts, and the importance of early registration of F.I.R. and submission of witness statements.
Headnote:
Criminal Appeals - Conviction and Sentencing - Sections 451, 302 I.P.C. - Summary
Fact of the Case:
The case involved the prosecution of A-1 and A-2 for assaulting and causing the death of the deceased. The prosecution's case was based on the evidence of eye witnesses and the circumstances of the incident.
Finding of the Court:
The court found that the prosecution failed to establish the guilt of A-1 and A-2 beyond all reasonable doubts due to inconsistencies in the evidence, lack of clarity on the place of occurrence, and unreasonable delay in registering the F.I.R. and submitting statements of witnesses to the court.
Issues: The key issues included the credibility of the eye witnesses, discrepancies in the evidence, and the delay in registering the F.I.R. and submitting witness statements.
Ratio Decidendi: The court emphasized the importance of early registration of F.I.R. and submission of witness statements, and highlighted that the prosecution must establish the guilt of the accused beyond all reasonable doubts.
Final Decision: The Criminal Appeals were allowed, and the convictions and sentences imposed by the trial court were set aside. The court held that the accused were entitled to the benefit of doubt.
P. DEVADASS, J.
1. Since both the Criminal Appeals are directed as against the same judgment and are connected on facts and evidence common arguments have been heard and thus this common judgment is being rendered.
2. A-1 in the Sessions case in S.C.No.10 of 2005 on the file of the learned Sessions Judge, Nagapattinam directed Crl.A.No.244 of 2006, while A-2 in the said case directed Crl.A.No.419 of 2007 as against their conviction and sentence passed against them. For the sake of convenience, throughout this judgment, let us call them as A-1 and A-2 respectively.
3. A-1 was prosecuted under Sections 451 and 302 I.P.C., while A-2 was prosecuted under Section 302 I.P.C. Ultimately, the learned Sessions Judge convicted and sentenced them as under:
Accused Conviction Sentence
(i) A-1 451 I.P.C.
(ii) 304 (ii) I.P.C.
One year R.I. and fine Rs.500/- i/d 3 months R.I.
7 years R.I. Both the sentences were directed to run concurrently.
A-2 304 (ii) I.P.C. 7 years R.I.
4. The case of the prosecution runs as under:
(i) Deceased Gobi is husband of PW-2 Rani. He is elder brother of PWs-1 and 4 Venkatesan and Nagaraj. They are sons of one Krishnaveni. They are all residing in Porayar in Nagapattinam District. A-1 and A-2 are residing near their house. All are known to each other.
(ii) On 17/18.10.2003, at about 3 a.m., A-1 entered Gobi's house to misbehave with PW-2. She raised alarm. A-1 ran. Gobi and PW-2 chased him. Near Mala Indane Gas Agency, A-1 and A-2 had beaten Gobi. They dragged him to the Railway Line. A-1 assaulted Gobi with a stone on his face repeatedly. A-2 also assaulted him. This occurrence was witnessed by PWs-1 to 5 viz., Venkatesan, Rani, Kasinathan, Nagaraj and Saravanan. Gobi was bleeding on his face.
A-1 and A-2 ran away.
(iii) PWs.1 to 4 took Gobi to the Government Hospital, Porayar. Then he was taken to Government Medical College Hospital, Thanjavur. On intimation received from the hospital, on 18.10.2003, at about 2.55 p.m., PW-15 Danapal, S.I. of Police, Porayar Police Station visited the hospital. He recorded Ex.P-1 statement from PW-1. At about 6.45 p.m., at the Porayar Police Station, he registered this case for offences under Sections 448, 324 and 307 of I.P.C. (Ex.P-9 F.I.R.). He sent the express F.I.R. through PW-16 Govindaraj, Head Constable to the Court. Copies of the same were also sent to superior Police Officers.
(iv) On receipt of a copy of the F.I.R., PW-19 Murugesan, Inspector, Porayar Police Station took up his investigation. On 18.10.2003, at about 7.30 p.m., he visited the scene place. In the presence of PW-10 Maran and one Vaduvambal, he prepared Ex.P-2 Observation Mahazar. He drew Ex.P-11 Rough sketch of the scene place. He took MO-2 blood stained earth and MO-3 ordinary earth. Krishnaveni identified to him MO-4 (series) stones. In the presence of the said witnesses, PW-19 seized MOs-2 to 4 under Ex.P-3 Mahazar.
(v) On 20.10.2003, at about 7 a.m., at the Thanjavur Medical College Hospital, PW-19 examined PWs-1 and 2 and recorded their statement. At about 12 Noon, near A.R.L. Marriage Hall in Olugaimangalam, PW-19 arrested A-1 and A-2 and sent them to Court for judicial custody. He examined further witnesses and recorded their statement.
(vi) PW-18 Dr. Ilangovan, Neuro Surgeon treated Gobi. On 29.10.2003, at about 9 p.m., Gobi passed away at the hospital. Ex.P-6 death intimation was received by PW-19. He altered the section of law to Section 302 I.P.C. and sent Ex.P-12 alteration report to the Court through PW-16.
(vii) On 30.11.2003, at the Mortuary, in Thanjavur Medical College Hospital, between 9.30 a.m. and 12.00 Noon, in the presence of Panchayathars, PW-19 held inquest over the dead body of Gobi. Ex.P-13 is his inquest report. He gave Ex.P-7 requisition to the hospital authorities to conduct post-mortem on the dead body of Gobi.
(viii) On 30.10.2003, at about 3 p.m., at the Mortuary
PW-14 Dr. Vijayalakshmi conducted post-mortem and found the following:
External injuries:
(1) Sub conjuctival haemorrhage
