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2015 Supreme(Mad) 3468
IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
S. Nagamuthu and V.S. Ravi, JJ.
K. Senthilkumar – Appellant
Vs.
State – Respondents
Crl. A(MD) No. 255 of 2012
Decided On : 27-10-2015
Advocate Appeared:
For the Appellant : M. Karunanithi
For the Respondents: A. Ramar, Additional Public Prosecutor
Headnote:
Indian Penal Code,1860 - Sections 302, 404 and 201 - Indian Evidence Act, 1872 - Section 114 - Appeal against conviction – Acquitted - Accused developed illicit intimacy with her - In due course of time deceased started pressuring accused to marry her - But accused was not willing for same - While so on deceased had gone to Computer Centre accused came there and took her in his TVS XL Super bearing Registration and stopped vehicle near a rock - Accused and deceased were in conversation for some time - At that time it is alleged that deceased wanted him to take her to his house as his wife accused got enraged over same - He suddenly gave a slab on her left cheek deceased fell down - Then accused strangulated her to death - Held, It is further case of prosecution that PW-13 produced accused along with extra judicial confession to Inspector of Police and in presence of witnesses accused gave a voluntary confession - In said confession he disclosed that he had handed over gold ear studs to PW-15 and other jewels to PW-16 - According to case of prosecution PW-15 had pledged gold ear studs to Bank from where it was recovered and other jewels pledged by PW-16 were also recovered - But, PW-15 has turned hostile and he has not stated that accused had handed over above jewels to him - Thus there is no connection between the gold ear studs recovered from bank and accused – Similarly PW-16 has turned hostile - Criminal Appeal is allowed
S. Nagamuthu, J.
1. The appellant is the sole accused in S.C. No. 61 of 2012, on the file of the learned Principal Sessions Judge, Tiruchirappalli. He stood charged for the offences punishable under Sections 302, 404 and 201 of the Indian Penal Code. By Judgment dated 15.11.2012, the Trial Court has acquitted the appellant from the charge under Section201 of the Indian Penal Code, but convicted him, as detailed below:--
| Convicted under Sections | Sentence imposed | Fine amount |
| 302 IPC | To undergo imprisonment for life. | Rs. 1,000/- in default to undergo rigorous imprisonment for six months. |
| 404 IPC | To under rigorous imprisonment for three years. | Rs. 1, 000/- in default to undergo rigorous imprisonment for three months. |
The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.
2. The case of the prosecution, in brief, is as follows:--
"The deceased, in this case, was one Mrs. Soundararani. She was already married to one Mr. Balan. But, the deceased deserted Mr. Balaln and returned to her parental home. The accused developed illicit intimacy with her. In due course of time, the deceased started pressuring the accused to marry her. But, the accused was not willing for the same. While so, on 08.01.2010, the deceased had gone to the Computer Centre. The accused came there and took her in his TVS XL Super, bearing Registration No. TN-48-6310 to Kollimalai Puliyancholai and stopped the vehicle near a rock at Kollimalai. The accused and the deceased were in conversation for some time. At that time, it is alleged that the deceased wanted him to take her to his house as his wife. The accused got enraged over the same. He suddenly gave a slab on her left cheek. The deceased fell down. Then, the accused strangulated her to death. Thereafter, the accused removed the Gold Thali Chain, a gold ring and ear studs, all weighing 73/4 sovereigns worn by the deceased. Then, he threw the dead body into a bush in the forest area and fled away from the scene of occurrence."
2.1. PW-1 is the husband of the deceased. He has stated that the deceased was a graduate having B. Lit Degree to her credit. She was studying a computer course in the CSI Computer Centre at Thapettai. She used to go to the Computer Centre by 09.00 AM and return back in the evening by 05.00 PM. According to him, on 08.01.2010, in the usual course, the deceased went to the Computer Centre for her class. But, in the evening, she did not return. PW-1 and the other family members went in search of her at various places including the houses of their relatives. But, the deceased could not be traced. Therefore, on 11.01.2010, PW-1 went to the Thapettai Police Station in Namakkal District and made a complaint.
2.2. PW-30, the then Inspector of Police at Thapettai Police Station, received the complaint at 07.00 PM from PW-1 under EX-P1 and registered a case in Crime No. 9 of 2010 under woman missing. EX-P22 is the First Information Report. Then, he forwarded both the documents to the Court. Taking up the case for investigation, PW-30 went in search of the deceased at various places, but, he was not able to secure her. While so, on 22.05.2010, he received intimation that there was a case registered on the file of the Valavanthi Police Station, Namakkal District, in Crime No. 64 of 2010, under Section 174of the Code of Criminal Procedure [suspicious death]. In the said intimation, it was stated that the skeletal remains of a woman being was found at Ulkombai Ayyar Bridge. PW-30 took PW-1 and the witnesses to the said place and from the Chudithar recovered by the Valavanthi Police, he came to know that it must be the dead body of the deceased in the instant case. The case in Crime No. 66 of 2010 under Section 174 of the Code of Criminal Procedure [suspicious death]
