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2016 Supreme(Mad) 1045
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.NAGAMUTHU AND P.DEVADASS, JJ.
Palani - Appellants
Vs.
State, rep.by The Inspector of Police, Singarapettai Police Station, Krishnagiri District - Respondent
Crl.A.No.307 of 2012
Decided on : 11-02-2016
For the Appellant : Mr. G.Udhayashankar
For the Respondent: Mr. M.Maharaja, Addl.P.P.
Headnote:
Indian Penal Code,1860 - Sections 302 r/w 201 and 304(1) - Evidence Act - Section 27 - Criminal Procedure Code,1973 - Section 428 - Appeal against conviction – Offence of murder - Deceased is husband of they have resided in Village Gandhi Nagar limit in District - A-1 is husband of A-3. A-2 is close to A-1. A-1 and A-2 belongs to same Village - Inspite of advice of P.W.2 deceased continued his illegal affair - A-1 had seen deceased coming out of his house after having affair with A-3. A-1 cut deceased thrice on his neck - Neck and trunk were severed. P.Ws.4 and 5 have witnessed this occurrence - They have also seen A-1 and A-3 carrying dead body of the deceased in M.O.6 gunny bag - Frightened PWs.4 and 5 left place – On when V.A.O Village and his Assistant/P.W.1 were in their office, A-1 came and gave extra-judicial confession revealing his wifes (A-3) illegal affair with deceased – Held, On a cumulative consideration of proved circumstances viz that A-1 had motive to kill deceased there is extra-judicial confession of A-1 and A-1 revealed from his knowledge the place where dead body was concealed and it was dug out and there is seizure of weapons and other implements used in the commission of offence at instance of the accused. All goes to show that the prosecution has established case beyond all reasonable doubts - charge against A-3 is based on the evidence Court have rejected their testimony - Thus charge under Section 201 r/w 302 I.P.C. framed as against A-3 falls to ground - deceased to avoid his illegal intimacy with A-3/wife of A-1 - But deceased continued same - On occurrence day A-1 had seen the deceased coming out of A-1s house - Naturally it would provoke him and he had cut his wifes paramour deceased - In such over act established as against him would fall under Section - Criminal Appeal is partly allowed
P.Devadass, J.
A1 and A3 in the Sessions Case No.89 of 2008, on the file of the learned Principal Sessions Judge, Krishnagiri, are challenging their conviction and sentence.
2. The trial Court, while acquitting A-2 from a charge under Section 201 r/w Section 302 I.P.C. convicted and sentenced the appellants/A-1 and A-3 as under:
| Accused | Conviction under Section | Sentence |
| A-1 | (i) Sec.302 IPC | Life imprisonment + fine Rs.2000/-, i/d 6 months R.I. |
|
| (ii) Section 201 r/w.302 of IPC | 7 years R.I. + fine Rs.1000/-i/d 3 months R.I. |
| A-3 | Section 201 r/w.302 of IPC | 7 years R.I. + fine Rs.1000/-i/d 3 months R.I. |
The sentences awarded to A-1 were directed to run concurrently. The accused have paid the fine amounts.
3. Briefly the case of the prosecution may be put as under:
(i) Deceased is the husband of P.W.2. They have resided in Pavakkal Village, Gandhi Nagar, Kollaikotta, Singarapettai limit in Krishnagiri District. A-1 is husband of A-3. A-2 is close to A-1. A-1 and A-2 belongs to the same Village. Inspite of the advice of P.W.2 the deceased continued his illegal affair with A-3;
(ii) On 1.6.2007, Murugesan left the house for Bangalore to eke out his livelihood. That was the last time P.W.2 had seen her husband alive;
(iii) A-1 had seen the deceased coming out of his house, after having affair with A-3. A-1 cut the deceased thrice on his neck. Neck and trunk were severed. P.Ws.4 and 5 have witnessed this occurrence. They have also seen A-1 and A-3 carrying the dead body of the deceased in M.O.6 gunny bag. The frightened PWs.4 and 5 left the place;
(iv) On that day, around 9 p.m., P.W.6, with the help of a torch light, seen A-1 to A-3 carrying a gunny bag. It had blood stains. They have buried the gunny bag parcel in the Sugarcane field of P.W.3;
(v) On 7.8.2008, when Madhu, V.A.O., Pavakkal Village and his Assistant/P.W.1 were in their office, A-1 came and gave extra-judicial confession revealing his wife's (A-3) illegal affair with the deceased, his murdering of the deceased and concealing of the dead body in the Sugarcane field of P.W.3. P.W.1 attested the extra judicial confession. (Ex.P1);
(vi) Madhu, V.A.O. handed over A-1 along with his extra judicial confession and Ex.P2 complaint to P.W.11 Sub-Inspector of Police, Uthangarai. She registered this case (Ex.P21 F.I.R.). She sent the express F.I.R. to the Court, to Revenue Officials;
(vii) P.W.12 Inspector took up his investigation. He had arrested A-1 in the presence of Madhu, V.A.O. and P.W.1. He recorded the confessional statement of A-1 (Ex.P8). In pursuance of that, A-1 took them to P.W.3's Sugarcane field and showed the place where he had buried the dead body of the deceased and also the weapons. P.W.12 gave Ex.P19 letter to P.W.10, Tahsildar, Uthangarai to exhume the dead body of the deceased.
(viii) On 8.8.2006, in the presence of P.W.10, P.W.2, P.W.6, P.W.1, Madhu, V.A.O. M.O.6 gunny bag was taken out. It found contained severed parts of the dead body of the deceased. It was identified by P.W.2. P.W.12 prepared Ex.P2 Observation Mahazar in the presence of said witnesses. Drew Rough Sketch Ex.P22.
(ix) On the same day, P.W.7 conducted postmortem on the dead body of Murugesan and noticed the following:
"Internal Exam: Ribs intact, Heart, Lungs Semi solid stage, Cut section pale, Stomach Empty, Liver, Spleen, Kidneys Semi solid stage, Cut section pale, Bladder, Intestine Empty, Semi solid stage. Skull detached from the neck at the level of Hyoid bone in front and C2 Vertebra at back. Penis, Scrotum, Public hair detached from the Public region."
(x) P.W.7 opined that the deceased would appear to have died of haemorrhage and shock due to injuries 68 to 70 hours prior to autopsy, due to the cut on the neck. (Ex.P11 postmortem Certificate). In the presence of Panchayatdars, P.W.10 conducted inquest over the dead b
