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2016 Supreme(Mad) 624
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN AND S. NAGAMUTHU, JJ.
Murugesan - Appellants
Versus
State by The Inspector of Police, Kachirapalayam - Respondent
Criminal Appeal No.630 of 2012
Decided On : 01-03-2016
For the Appellants : Mr. A. Raghunathan, Senior Counsel for Mr. S. Prabhu
For the Respondent: Mr. M. Maharaja, APP
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, particularly in cases relying on circumstantial evidence.
Headnote:
Criminal Appeal - Murder - IPC Section 302, 34 - Summary of Acts and Sections: The court discussed the prosecution's reliance on circumstantial evidence, including motive, timing of the incident, and the recovery of the murder weapon and fingerprints. The court highlighted the failure of the prosecution to prove the case beyond reasonable doubt, leading to the acquittal of the accused.
Fact of the Case:
The case involved the murder of the deceased, allegedly by the accused due to a long-standing enmity over a land dispute. The prosecution presented circumstantial evidence, including the timing of the incident and the recovery of the murder weapon and fingerprints.
Finding of the Court:
The court found that the prosecution failed to prove the case against the accused beyond reasonable doubt, highlighting discrepancies in the evidence related to the recovery of the murder weapon and the comparison of fingerprints.
Issues: The key issues revolved around the sufficiency of circumstantial evidence to establish the guilt of the accused and the credibility of the evidence related to the recovery of the murder weapon and fingerprints.
Ratio Decidendi: The court emphasized the principle that the prosecution must prove the case beyond reasonable doubt, especially in cases based on circumstantial evidence. The failure to establish the connection between the accused and the crime led to the acquittal.
Final Decision: The criminal appeal was allowed, and the conviction and sentence imposed on the appellants were set aside. Both appellants were acquitted from all charges, and any fine paid was to be refunded to them. The bail bonds executed by the appellants were to stand cancelled.
S.NAGAMUTHU, J.
The appellants are the Accused Nos.1 and 2 respectively in S.C.No.187 of 2011 on the file of the learned III Additional Sessions Judge, Kallakurichi, Villupuram District. A1 stood charged for offences under Sections 342 and 302 of IPC; and A2 stood charged for offences under Sections 342 and 302 r/w 34 of IPC. By judgement dated 07.09.2012, the trial court convicted A1 for the offence under Section and 302 of IPC and convicted A2 for the offence under Section 302 r/w 34 of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1,000/-each in default to undergo rigorous imprisonment for one year. A1 and A2 were acquitted of the other charge framed under Section 342 of IPC. Challenging the said conviction and the sentence, A1 and A2 are now before this court with this criminal appeal.
2. The case of the prosecution in brief is as follows:-The deceased in this case was one Kannan @ Kannu Padayachi. He was a resident of Madhavachery Village. P.W.1 is the wife and P.W.2 is the daughter respectively of the deceased. There was a long standing enmity between the family of the deceased and the accused on account of a land dispute. It is further alleged that on 18.11.2010, at the night, intervening 18.11.2010 and 19.11.2010, P.W.1 was sleeping in her house and the deceased was sleeping in the cattle shed situated just in front of his house. It is further alleged that during midnight, A1 and A2 had come to the house of the deceased, bolted the house from out side and went to the cattle shed and A1 attacked the deceased who was sleeping with a pestle [rice pounder] and killed him instantaneously. It is alleged that A2 assisted him.
2. P.W.1, who was sleeping in the house, in the morning, in the usual course, tried to come out of the house around 05.00 a.m., but she was not able to come out, since the door was bolted from outside. However, she managed to come out of the house through the roof. Thereafter, when she went to the cattle shed, she found her husband dead with injuries. Thereafter, P.W.1 informed her son-in-law [P.W.4] about the occurrence. P.W.4 immediately came to the place of occurrence and took P.W.1 to Kachirapalayam Police Station, where P.W.1 made a complaint. P.W.9, the then Sub Inspector of Police, on receipt of the said complaint under Ex.P.1, registered a case in crime No.360 of 2010 under section 302 of IPC at 08.00 a.m. on 19.11.2010 against both the accused. Ex.P.7 is the FIR. He forwarded both the complaint and the FIR to the court and handed over the case diary for investigation to the Inspector of Police [In charge] for investigation. Ex.P.1-complaint and Ex.P.7-FIR were received by the learned jurisdictional Magistrate at 12.30 p.m. on 19.11.2010.
3. P.W.14, the then Inspector of Police [In charge], took up the case for investigation and visited the place of occurrence on 19.11.2010 itself at 09.30 a.m. He prepared an observation mahazar (Ex.P.2) and rough sketch (Ex.P.14) in the presence of P.W.5 and another witness. He also recovered some blood stained earth [M.O.4) and ordinary earth [M.O.5] in the presence of P.W.7and another under a mahazar (Ex.P3). Then, he conducted inquest on the body of the deceased and forwarded the same for postmortem to Kallakurichi Government Hospital.
4. P.W.12 Dr. Prabhakaran, conducted autopsy on the body of the deceased at 02.00 p.m. on 19.11.2010. He found the following injuries:-
"External Injuries:
(1) A lacerated injury 5 x 2 x 1 cm over right ear region.
(2) A lacerated injury 5 x 2 x 1 cm over right frontal region.
(3) Right eye protruded out.
(4) 2 x 1 x 1 cm lacerated injury over right side face in front of right ear.
(5) 4 depression and lacerated injury over right frontal region.
(6) 3 x 2 cm abrasion over right side chest.
(7) 3 x 2 cm abrasion two in No. over right shoulder.
Internal Examination:
Right Lung-450 gm. Left Lung-400 gm. c/s congested. Heart: empty, wt. 350 gm. c/s congested.
Liver-wt. 1200 gm c/s congest
