Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN, S. NAGAMUTHU, JJ.
Chinnathambi @ Karuppusamy & Ors. - Appellants
Versus
The State by The Inspector of Police - Respondent
Crl. A. Nos. 131, 172 & 330/2013
Decided On : 13-04-2016
Identification of Accused - Criminal Law - IPC 341, 302, 109, 34 - The judgment discusses the identification of the accused, the reliability of eyewitness testimony, and the legal principles related to identification parades. The court analyzes the evidence of the eyewitness and the legal requirements for identification, ultimately confirming the conviction of A1 and A2 while acquitting A3.
Fact of the Case:
The deceased, Mr. Selvaraj, was stabbed to death by three assailants while riding a motorcycle with P.W.1. The prosecution relied on P.W.1's eyewitness account and identification of the accused. The accused denied the charges and no other witnesses or evidence were presented by the defense.
Finding of the Court:
The court found that P.W.1's testimony was credible and reliable in identifying A1 and A2 as the assailants. The court rejected the argument that the identification was unreliable due to the lack of proper identification features mentioned during investigation. The court also noted the failure to identify A3 during the Test Identification Parade, leading to the acquittal of A3.
Issues: The main issue was the reliability of P.W.1's identification of the accused, especially in the context of the Test Identification Parade and the lack of corroborating evidence.
Ratio Decidendi: The court emphasized that the quality, not the quantity, of evidence matters, and a solitary witness's testimony can be relied upon if it inspires full confidence. The court also discussed the legal principles related to identification parades and the weight given to identification made during trial.
Final Decision: A1 and A2 were convicted and their sentences were confirmed, while A3 was acquitted of all charges.
S. Nagamuthu, J.
The appellant in Crl. A. No. 131/2013 is arrayed as A3 and the appellant in Crl. A. No. 172/2013 is arrayed as A2 and the appellant in Crl. A. No. 330/2013 is arrayed as A1 in SC No. 180/2009 on the file of the learned II Additional District and Sessions Judge, Coimbatore at Tiruppur.
Vide judgment dated 26.09.2012, they have been convicted and sentenced as follows:-
Rank of the Accused Conviction under section Sentence awarded
A1 341 IPC Sentenced to undergo one month simple imprisonment.
302 IPC Sentenced to undergo imprisonment for life and to pay a fine of Rs.1500/-, in default, to undergo six months rigorous imprisonment.
A2 341 IPC Sentenced to undergo one month simple imprisonment.
302 r/w 109 r/w 34 IPC Sentenced to undergo imprisonment for life and to pay a fine of Rs.1500/-, in default, to undergo six months rigorous imprisonment.
A3 341 IPC Sentenced to undergo one month simple imprisonment.
302 r/w 109 r/w 34 IPC Sentenced to undergo imprisonment for life and to pay a fine of Rs.1500/-, in default, to undergo six months rigorous imprisonment.
Challenging the said conviction and sentences, they are before this Court, with these appeals.
2. The case of the prosecution in brief, is as follows:-
[A] The deceased in this case was one Mr. Selvaraj. He had married to one Mrs. Saraswathi and had two children. He was running a Banian Factory at Koyampalayam in Tiruppur. P.W.1, who was aged 20 years, was working as a Helper in yet another Banian Factory by name “Knit Prime” at Tiruppur. The deceased had business transaction with the said company. On account of the same, the deceased used to visit the said factory where P.W.1 was working. In course of time, P.W.1 and the deceased became very close to each other and they had illicit intimacy for about two years.
[B] On 12.04.2007 at about 18.00 hrs, the deceased wanted P.W.1 to accompany him to Karuvalur Temple. P.W.1 agreed for the same. At 18.30 hrs., P.W.1 was waiting for the deceased at the bus stop at Koyampalayam Main Road. The deceased came to the said place in his motorcycle bearing Registration No.TN-39-X-5619. He took P.W.1 in the motorcycle and they went to Avinashi Kakkaattipudur, where, in an Idli shop, they ate idli. Then, they started their journey to go to Nambiyampalayam via Nathanpalayam road. When they were nearing Panappalayam on the said road, it was 20.30 hrs. Three persons [later identified as accused] came in yet another motorcycle, viz., TVS-XL Super, bearing Registration No.TN-40-AA-3124, following them. At the place of occurrence, the said motorcycle of the accused overtook the motorcycle driven by the deceased and came in front of the same and stopped. Consequently, the deceased also stopped his motorcycle. They enquired as to where P.W.1 and the deceased were proceeding. They told them that they were proceeding to Nambiampalayam village. Then all the three accused, directed P.W.1 and the deceased to take their vehicle into the nearby bushes. The deceased refused. One of the persons in the gang told that P.W.1 was very beautiful and therefore, they liked to have sex with her. They forced the deceased to drive the vehicle into the nearby land full of bushes. When he resisted, A2 held the hand of the deceased and A1 took out a knife and stabbed the deceased on his chest. A3 held P.W.1. The deceased cried for help. P.W.1 begged not to cause any harm to them. Again A1 stabbed the deceased with the knife on his chest. Though it was dark, P.W.1 could identify all the three assailants, viz., the accused, in the flash of the headlight of the motorcycles. Then all the three accused fled away from the scene of occurrence in their motorcycle. The deceased was struggling for life and was lying near the Load bearer Stone. P.W.1 found a light in a house situated at a distance. Immediately, she rushed to the said village. She cried for help. She told that somebody had stabbed Mr. Selvaraj. P.W.2 and other villagers accompanied her and rushed to th
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
