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2015 Supreme(Mad) 2853
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A. SELVAM, J.
R. Vignesh – Appellant
Versus
State Rep. by the Inspector of Police, Kuniyamuthur Police Station, Coimbatore – Respondent
Criminal Appeal No. 402 of 2015 & M.P. No. 1 of 2015
Decided On : 9.9.2015
Advocate Appeared:
For the Appellant: Mr. S. Nagarajan.
For the Respondent: Mr. P. Govindarajan, Additional Public Prosecutor.
The central legal point established in the judgment is the necessity of thoroughly evaluating the credibility and consistency of dying declarations before relying on them as primary evidence.
Headnote:
Dowry Harassment - Criminal Appeal - Indian Penal Code (IPC) Section 498-A, Section 306 - The court discussed the dying declarations, their credibility, and their impact on the case. The judgment highlights the importance of considering all evidence before reaching a decision.
Fact of the Case:
The accused was convicted for subjecting his wife to cruelty and abetting her suicide. The prosecution's case relied on the deceased's dying declaration, alleging torture by the accused. The trial court found the accused guilty and sentenced him.
Finding of the Court:
The court found that the trial court erred in solely relying on the second dying declaration (Ex.P.7) without considering the first dying declaration (Ex.P.4), which did not implicate the accused. It concluded that Ex.P.7 was not credible and overturned the convictions and sentences, acquitting the accused.
Issues: The key issue was the credibility of the dying declarations and their impact on the case. The court also addressed the trial court's failure to consider all evidence before reaching a decision.
Ratio Decidendi: The court emphasized the importance of considering all available evidence, particularly in cases involving dying declarations. It highlighted the need for a thorough analysis of the credibility and consistency of such statements before reaching a verdict.
Final Decision: The Criminal Appeal was allowed, the convictions and sentences were set aside, and the accused was acquitted. Any fines paid by the appellant were ordered to be refunded.
A. SELVAM, J.
1. The convictions and sentences dated 28.01.2014 passed in Sessions Case No. 217 of 2010 by the Magaleer Needhimandram, Coimbatore are being challenged in the present Criminal Appeal.
2. The contraction of the case of the prosecution is that in the year 2009, the accused has married the deceased by name Kaveri. After marriage, both of them lived as husband and wife in Pillayarpuram, Coimbatore. After some time, the accused has used to say that the deceased is not beautiful and also asked the deceased that he wants to marry her sister viz., Tulasimani as his second wife. Since the deceased has refused to accede the demand made by the accused, he used to torture her and due to torture made by the accused, the deceased has doused kerosene on her person and set fire and after occurrence, she has been admitted in Government Hospital, wherein, she succumbed to injuries on 30.09.2009. At the time of admission in hospital, the deceased, the then injured has given a statement and the same has been registered in Crime No. 85 of 2009. The statement alleged to have been given by the then injured has been marked as Ex.P.7.
3. On receipt of Ex.P.7, the Investigation Officer viz., P.W.9, has taken up investigation and in the meanwhile, the concerned Revenue Divisional Officer viz., P.W.7 has conducted an inquest and the inquest report has been marked as Ex.P.5. The Investigating Officer, has conducted the investigation, examined connected witnesses and also made arrangements to conduct autopsy on the body of the deceased and accordingly, the doctor by name Jayasingh viz., P.W.5 has conducted post mortem and he found the following external and internal injuries:-
“The following ante mortem injuries were noted in the body:-
Dermo epidermal infected burns involving entire body from head to foot with sparing scalp, patchy areas of front and back of lower part of abdomen, perineum, lower ½ of both legs and back of both thigh. Degloving noted on both palm. Partially singeing of both axillary all facial hairs. Total singeing noted to marginal scalp hairs. Base of the burnt area covered with infected yellowish slough material with marginal reddish granulation noted. Other findings:-
Pleural and peritoneal cavities: empty
Larynx and Trachea cut section congested
Lungs: Cut section congested
Heart: Right side chambers contain a few cc? of fluid blood, left side chambers empty.
Coronaries patent.
Hyoid bone-intact
Stomach contains 100 ml of Green colour fluid. No specific smell, mucosa congested. Small intestine contains 16 ml of bile stained fluid, no specific smell, mucosa congested.
Liver, Spleen, kidneys and brain: cut section congested.
Urinary bladder: empty
Uterus: Normal size cut section empty.
Viscera preserved sent for chemical analysis.”
The Post Mortem Certificate has been marked as Ex.P.2. After transfer of P.W.9, the Investigating Officer, his successor in office, viz., P.W.10, has conducted further investigation and after completing the same, laid a final report before the Judicial Magistrate No. 7, Coimbatore and the same has been taken on file in P.R.C. No. 30 of 2010.
4. The Judicial Magistrate No. 7, Coimbatore, after considering the facts that the offences alleged to have been made by the accused are triable by sessions court, has committed the case to the trial court and the same has been taken on file in Sessions Case No. 217 of 2010.
5. The trial court, after hearing both sides and upon perusing the relevant records has framed the first charge against the accused under Section 498-A of the Indian Penal Code (hereinafter called as IPC) second charge against him under Section 306 of the IPC and the same have been read over and explained to him. The accused has denied the charges and claimed to be tried.
6. On the side of the prosecution, P.Ws.1 to 11 have been examined and Exhibits P.1 to P.11 and Material Objects 1 to 3 have been marked.
7. When the accused has been questioned under Section 313 of the Code of C
