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2015 Supreme(Mad) 3063
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.NAGAMUTHU and V.S.RAVI, JJ.
Petchimuthu – Appellant
Vs.
State rep. by The Inspector of Police, Uthumalai Police Station – Respondent
Crl.A(MD)No.40 of 2012
Decided On : 08.10.2015
For Appellant : Mr.S.Durairaj
For Respondent: Mr.T.Mohan, Addl. Public Prosecutor.
The central legal point established in the judgment is the application of Exception (1) to Section 300 I.P.C. in determining the accused's culpability under Section 304 Part I I.P.C.
Headnote:
Illicit Relationship - Murder - Section 294(b), Section 302, Section 304 Part I I.P.C. - The court discussed the evidence of witnesses, the delay in filing the complaint, and the applicability of Exception (1) to Section 300 I.P.C. The court found the accused guilty under Section 304 Part I I.P.C. and sentenced him to 7 years of rigorous imprisonment and a fine of Rs.1,000.
Fact of the Case:
The appellant was convicted for the murder of a man with whom his wife had an illicit relationship. The prosecution presented evidence of the altercation and subsequent attack by the accused, leading to the victim's death. The defense argued against the delay in filing the complaint and the applicability of the charges.
Finding of the Court:
The court found the evidence of the witnesses to be credible and rejected the defense's arguments regarding the delay in filing the complaint. The court also analyzed the applicability of Exception (1) to Section 300 I.P.C. and concluded that the accused's act fell within Section 304 Part I I.P.C.
Issues: The issues revolved around the credibility of witnesses, the delay in filing the complaint, and the applicability of the charges against the accused.
Ratio Decidendi: The court relied on the credible testimonies of the witnesses, the medical evidence, and the circumstances of the case to establish the guilt of the accused under Section 304 Part I I.P.C. The court also addressed the delay in filing the complaint and the applicability of Exception (1) to Section 300 I.P.C.
Final Decision: The appellant was found guilty under Section 304 Part I I.P.C. and sentenced to 7 years of rigorous imprisonment and a fine of Rs.1,000. The previous conviction under Section 302 I.P.C. was set aside.
S.NAGAMUTHU, J.
The appellant is the sole accused in S.C.No.349 of 2009, on the file of the learned Principal Sessions Judge, Tirunelveli. He stood charged for the offence under Sections 294(b) and 302 I.P.C. By Judgment, dated 22.01.2011, the Trial Court convicted him under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-in default to undergo rigorous imprisonment for three months. The Trial Court acquitted him from the charge under Section 294(b) I.P.C. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.
2.The case of the prosecution, in brief, is as follows:
(i)The deceased in this case was one Mr.Ramaiah @ Ramaraj. He was residing at Yesu Street, Solaicheri Village in Tirunelveli District. The accused was also residing in the same Village. The distance between the house of the accused and the deceased was a very short. The deceased as well as the accused and their family members were all involved in beedi rolling work for coolie. The wife of the accused used to go to the house of the deceased to join the wife of the deceased to roll beedies. In that process, due to frequent visits made by the wife of the accused, the deceased had developed illicit intimacy with her. At one point of time, the illicit relationship came to light. On knowing the same, the accused reprimanded the deceased and requested him to disconnect his relationship with the wife of the accused. But, the deceased did not stop with that. This is stated to be the motive for the occurrence.
(ii)It is alleged that on 23.04.2009 at about 12.10 a.m., the deceased, his wife, P.W.1, P.W.2 and P.W.3 were in the Village. As a matter of fact, on the pial of the house of the deceased, the deceased was talking to the above witnesses. At that time, it is alleged that the accused came to the spot and questioned the deceased as to why he did not disconnect his illicit relationship with his wife. This resulted in a quarrel. In the said quarrel, it is alleged that the accused took out a wooden log and attacked the deceased with the same repeatedly. The deceased sustained serious injuries and fell unconscious. The accused ran away from the scene of occurrence with the weapon.
(iii) P.W.2 immediately took the deceased to the Government Hospital at Sankarankovil. P.W.8, Dr.Jeyakumar, examined him at 12.40 a.m. on 14.04.2009. At the time of examination, he found that there was smell of arrack from the breath of the deceased. He found the following injuries:
(i) A lacerated injury measuring 15 cm x 3 cm x bone deep in the right side of frontal region of scalp.
(ii) A lacerated injury measuring 2 cm x ½ cm x ½ cm on the right eyebrow.
(iii) A lacerated injury measuring 1 cm x ½ cm x ½ cm on the left eyebrow.
(iv) Both eyes were eczematous. Ex.P.6 is the Accident Register. According to him, these injuries would have been caused by a weapon, like M.O.1, wooden log. He gave intimation to the police regarding the same. Thereafter, the deceased was shifted to the Government Medical College Hospital at Tirunelveli. P.W.15, an Assistant Professor in the Department of Medicine at Government Medical College Hospital, Tirunelveli, examined the deceased on 24.04.2009 at 02.45 am. He admitted him as inpatient in the said hospital. While in the hospital, the deceased succumbed to the injuries.
(iv) On getting intimation from the hospital, P.W.11 went to the Government Medical College Hospital at Tirunelveli and recorded the statement of P.W.1 at 09.30 a.m. and on returning to the Police Station at 11.15 a.m., he registered a case in Crime No.109 of 2009 under Sections 294(b) and 302 I.P.C. Ex.P.10 is the First Information Report and Ex.P.1 is the complaint. Then, he forwarded both the documents to the Court and handed over the Case Diary to the Inspector of Police for investigation.
(v) P.W.14 took up the case for investigation on 24.04.2009 at 12.15 p.m. He went to the Gover
