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2016 Supreme(Mad) 823
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN AND S. NAGAMUTHU, JJ.
Obiliappa - Appellants
Vs.
State represented by Inspector of Police Berigai Police Station - Respondent
Criminal Appeal No.327 of 2013
Decided On : 07-04-2016
For the Appellants : Mr. K. Selvarangan for 1st appellant Mr.Franklin for 2nd appellant
For the Respondent: Mr. M. Maharaja Additional Public Prosecutor
The judgment established the importance of individual culpability and intention in murder cases, emphasizing the need for cogent evidence to establish guilt.
Headnote:
Section 302 IPC - Murder - Summary
Fact of the Case:
The appellants, accused Nos.1 and 2, were charged with the murder of the deceased over a property dispute. The prosecution's case relied on eyewitness accounts and medical evidence.
Finding of the Court:
The court found the 2nd accused guilty of murder based on cogent evidence from eyewitnesses and medical reports. The 1st accused was acquitted due to lack of evidence establishing his involvement.
Issues: The main issue was the culpability of the accused in the murder of the deceased. The court analyzed the evidence to determine the individual roles and intentions of the accused in the crime.
Ratio Decidendi: The court held that the 2nd accused had the intention to cause the death of the deceased, while the 1st accused lacked sufficient evidence to establish his involvement or common intention with the 2nd accused.
Final Decision: The 1st accused was acquitted, and the conviction and sentence of the 2nd accused were confirmed. The 2nd accused was directed to serve the remaining sentence in custody.
S. NAGAMUTHU, J.
The appellants are the accused Nos.1 and 2 in S.C. No. 60 of 2011 on the file of the learned Additional District & Sessions Judge, Krishnagiri District, at Krishnagiri. They stood charged for the offence under Section 302 IPC. By judgment, dated 19.04.2013, the Trial Court convicted the 1st accused under Section 302 r/w. 34 IPC and the 2nd accused under Section 302 IPC and sentenced each of them to undergo imprisonment for life for their respective offence and to pay a fine of Rs.1000/-each, in default to undergo simple imprisonment for six months each. Challenging the said judgment of conviction and sentence, dated 19.04.2013, the appellants are before this Court with this Criminal Appeal.
2. The case of the prosecution in brief is as follows :-
(i) The accused Nos.1 and 2 are the brothers. Their father was one Mr.Pichappa @ Muniappa. The deceased Venkatesan was the brother of Mr. Pichappa @ Muniappa. On account of a dispute relating to sharing of a landed property, there had been enmity between the two families for quite some time. This is stated to be the motive for the occurrence.
(ii) It is alleged that, on 04.02.2008, at about 5.00 p.m., the deceased Venkatesan was talking to P.W.1-Ashwini, just standing infront of his house. P.W.2-Muniraj and P.W.3-Oppamma, were also present. At that time, the 1st accused came to the place of occurrence. He asked the deceased as to, whether he could settle the property dispute and allot his share to him or not. This quarrel went on for some time. At the end of the quarrel, it is alleged that the 1st accused pushed the deceased down, kicked him with legs and fisted him with hands. Suddenly, the 2nd accused rushed to the place of occurrence from his house, armed with a knife. He stabbed the deceased repeatedly, on various parts of his body. The deceased fell down in a pool of blood. Both the accused ran away from the scene of occurrence. While running away, the 2nd accused had thrown the knife at the place of occurrence itself. The deceased died instantaneously.
(iii) Immediately, P.W.1-Ashwini went to the Berigai Police Station and made a complaint under Ex.P.1. Mr. Jayachandran, the then Sub-Inspector of Police, on receipt of the said complaint from P.W.1, registered a case in Crime No.21 of 2008 under Section 302 IPC. Ex.P.17 is the First Information Report. He forwarded Ex.P.1 and Ex.P.17 to the Court, which were received by the learned Magistrate, on 04.02.2008, at 11.30 p.m.
(iv) P.W.9-Mr.K.Sankar, the then Inspector of Police, took up the case for investigation. He proceeded to the place of occurrence, on 04.02.2008, at 11.00 p.m. Since, it was dark, he was unable to prepare an Observation Mahazar and Rough Sketch. Therefore, on 05.02.2008, at 6.30 a.m., he visited the place of occurrence and in the presence of P.W.4-Sridharamurthy, the Village Administrative Officer, and his assistant, by name, Thimmarayappa, he prepared an Observation Mahazar (Ex.P.2) and Rough Sketch (Ex.P.18). He also recovered the bloodstained earth (M.O.2) and sample earth (M.O.3), under a Mahazar-Ex.P.3, from the place of occurrence. Then, he conducted inquest on the body of the deceased and forwarded the same for postmortem.
(v) P.W.5-Dr.T.Gnana Meenakshi of Government Hospital, at Hosur, conducted autopsy on the dead body of the deceased, on 05.02.2008, at 1.30 p.m. She found the following injuries on the body of the deceased :-
"External injuries:-
(i) An elliptical, vertical, incised wound seen in the left forehead, 1 ½ cm above the middle of left eye brow measuring 3 cm x ½ cm x ¼ cm.
(ii) Incised wound of 4 cm x ½ cm x ½ cm in the centre of forehead, vertical, 7 cm above the nasivion.
(iii) An elliptical, incised wound, oblique left shoulder 4 cm x 2 cm x 3 cm.
(iv) An oblique incised wound in left lateral chest, elliptical, 3 cm lateral to left nipple, 17 cm below clavicle in the anterior auxillary line, measuring 6 cm x 2 cam. On dissection, and opening the chest wall, clotted blood wa
