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2016 Supreme(Mad) 410
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN and S. NAGAMUTHU, JJ.
Sathiya Selvam – Appellant
Vs.
State by the Inspector of Police, Chinnaselam Police Station – Respondents
Criminal Appeal No.166 of 2013
Decided On : 17-2-2016
Advocate Appeared:
For the Appellant : Mr.A.G.Rajan
For the Respndent : Mr.M.Maharaja Additional Public Prosecutor
Circumstantial evidence must be substantial and directly linked to the crime. No amount of suspicion shall take the place of proof.
Headnote:
Motive - Murder - IPC 302, 201 r/w 302 - S.C.No.168 of 2011 - Sections 302, 201 r/w 302 IPC
Fact of the Case:
The appellant was charged for the offences under Sections 302, 201 r/w 302 and 506(ii) IPC. The deceased Krishnamurthy @ Thangamani was murdered due to a dispute over partition of joint family properties. The accused was convicted based on circumstantial evidence including recovery of material objects.
Finding of the Court:
The trial Court convicted the accused based on circumstantial evidence, but the High Court found that there was no substantial evidence against the accused. The conviction and sentence imposed on the appellant/accused were set aside, and the appellant/accused was acquitted of all the charges.
Issues: Dispute over joint family properties, circumstantial evidence, sufficiency of evidence, motive for the murder
Ratio Decidendi: No amount of suspicion shall take the place of proof. Circumstantial evidence must be substantial and directly linked to the crime. The link between recovered material objects and the crime must be established by the prosecution.
Final Decision: The conviction and sentence imposed on the appellant/accused were set aside. The appellant/accused was acquitted of all the charges.
S. NAGAMUTHU, J.
The Appellant is the sole accused in S.C.No.168 of 2011 on the file of III Additional District and Sessions Judge, Kallakurichi, Villupuram District, who was charged for the offences under Sections 302, 201 r/w 302 and 506(ii) IPC. By Judgment dated 19.2.2013, the trial Court acquitted the accused from the charge under Section 506(ii) IPC and convicted him for the offences under Section 302 and 201 r/w 302 IPC. The accused was sentenced to undergo life imprisonment and to pay a file of Rs.500/-, i/d to undergo six months simple imprisonment for the offence under Section 302 IPC; and five years rigorous imprisonment and to pay a fine of Rs.500/-, i/d to undergo six months simple imprisonment for the offence under section 201 r/w 302 IPC. Challenging the said conviction and sentence, the accused is before this Court with this appeal.
2. The case of the prosecution in brief is as follows:
(a) The deceased in this case was one Krishnamurthy @ Thangamani. One Sivakumar (PW-1) is the eldest son of Nalliappan (PW-6). The accused Sathiya Selvam is the second son and the deceased Krishnamurthy @ Thangamani is the third son of Nalliappan (PW-6). Nalliappan was living separately. Sivakumar got married and he was also living separately. The accused and the deceased were living along with their mother and grandmother.
(b) For quite sometime, there was a dispute between the family members in respect of partition of the joint family properties. The deceased Krishnamurthy @ Thangamani was insisting that the properties should be partitioned in four equal shares and one such share should be allotted to the father and mother. But the accused was not agreeable for the same, which resulted in ill-feeling between them. This is stated to be the motive for the occurrence.
(c) On 5.11.2010 at about 3.30 a.m., the deceased Krishnamurthy @ Thangamani was sleeping in the house of Sivakumar (PW-1). At that time, the accused entered into the house of Sivakumar and cut the deceased indiscriminately with Koduval (MO-1). Then the accused himself raised alarm, as though the deceased was cut by somebody else. This attracted the neighbours.
(d) The accused himself took the deceased to Sanjeevi Hospital, Kallakurichi, a private hospital, in 108 Ambulance, from where he was taken to JIPMER hospital, Puducherry. On the way near Villupuram, the deceased breathed his last.
(e) The body of the deceased Krishnamurthy @ Thangamani was brought to the Government Hospital at Kallakurichi. The hospital authorities refused to receive the body and directed to go to the Police Station. Therefore, the accused himself went to the Police Station and made a complaint (Ex.P-7) at 8.45 a.m. on 5.11.2010, in which he alleged that on hearing the alarm raised by the deceased, he went to the house of Sivakumar (PW-1) and found the deceased in a pool of blood.
(f) Based on the above complaint (Ex.P-7), the Sub-Inspector of Police (PW-16) registered a case in Cr.No.428 of 2010 under Section 302 IPC. Ex.P-8 is the printed FIR. In the FIR, the assailant was shown as an unknown person. PW-16 forwarded the FIR (Ex.P-8) and the complaint (Ex.P-7) to the jurisdictional Court.
(g) PW-20, the Inspector of Police took up the investigation and on 5.11.2010 at 10.15 a.m. proceeded to the place of occurrence and prepared observation mahazar and rough sketch in the presence of PW-5 and another witness. Then he conducted inquest over the body of the deceased and prepared Inquest report (Ex.P-13), and thereafter sent the body for post mortem.
(h) PW-19 Dr.Padmavathy conducted autopsy on the body of the deceased on 5.11.2010 at 4.00 p.m. and found the following injuries:
"Ante-mortem injuries:
1. An oblique cut injury over left mid parietal region starting from behind the left ear extending to mid line of scalp over frontal region size 15x2x2 cm., red in colour.
2. A cut injury over (
