2016 Supreme(Mad) 1285
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A. SELVAM & G. CHOCKALINGAM, JJ.
Arul – Appellant
Vs.
State rep. by the Inspector of Police, Tiruchendur Police Station, Tuticorin District –Respondent
Crl. A. (MD) No. 329 of 2014
Decided On : 11-03-2016
For the Appellant : Mr. V. Kathirvelu Senior Counsel for Mr. K. Prabhu.
For the Respondent: Mr. A. Ramar Additional Public Prosecutor, Mr. R. Anand for Mr. A. Arun Prasad to assist the Public Prosecutor.
Headnote:
Indian Penal Code,1860 - Section 302 - Criminal Procedure Code, 1973 - Section 313 - Demand of dowry – Offence of Murder - Post mortem Certificate – Appeal Against Conviction - Prosecution is that Accused by name has married the deceased in year in accordance with Christian Rites - After marriage both accused and deceased have lived in house of complainant by father of deceased - Accused has very often used to attack - Deceased has reported her father that her husband (accused) is having illicit intimacy with so many ladies - Further she reported that her husband has tried to have unnatural intercourse - On about hours in house of defacto complainant accused has tried to have coition with deceased - Since deceased has refused to concede demand of accused and also by way of thinking that deceased is nothing but a contretemps for performing second marriage accused has attacked on her person and due to his over-facts deceased has passed away - Held, Appellant/accused has already been dealt with and further it is a settled principle of law that mere delay in sending vital documents to Court would not affect case of prosecution - Apart from evidence narrated supra Court has to look into Ex.P11 report of Revenue Divisional Officer wherein it has been clearly stated that at time of enquiry Accused has absconded - Under said he has not been examined - If really accused has had no connection whatsoever with crime definitely he would have appeared for enquiry before Revenue Divisional Officer - Since accused has absconded after knowing fact that police have investigated matter Court can very well presume that accused has murdered deceased for reasons mentioned in charge - Criminal Appeal is dismissed
A. SELVAM, J.
1. The present appellant is an uxorious husband, who is said to have committed an uxoricide due to his lust.
2. The contraction of the case of the prosecution is that the accused by name Arul has married the deceased viz., Misba in the year 2008 in accordance with Christian Rites. After marriage, both the accused and deceased have lived in the house of the defacto complainant by name Soundarraj, father of the deceased. The accused has very often used to attack the deceased. The deceased has reported her father that her husband (accused) is having illicit intimacy with so many ladies. Further she reported that her husband has tried to have unnatural intercourse. On 22.11.2011 at about 19.15 hours, in the house of the defacto complainant, the accused has tried to have coition with the deceased. Since the deceased has refused to concede the demand of the accused and also by way of thinking that the deceased is nothing but a contretemps for performing second marriage, the accused has attacked on her person and due to his over-facts, the deceased has passed away. After occurrence, the defacto complainant, father of the deceased has given a complaint and the same has been registered in Crime No.507 of 2011 under Section 174 of the Code of Criminal Procedure, 1973.
3. On receipt of complaint, the Investigating Officer viz., PW16 has taken up investigation and examined connected witnesses. The concerned Revenue Divisional Officer (PW14) has conducted inquest and marked inquest report as Ex.P17. After finishing inquest, the dead body of the deceased has been subjected to autopsy by PW7, Dr.Manokaran and he found the following external and internal injuries.
Following post mortem injuries are noted on the body:-
(1) Two abrasions of each size 0.5 cm x 0.5 cm seen in the lateral side of right palm.
(2) An abrasion of size 0.5 cm x 0.5 cm seen in the dorsal aspect of root of right index finger.
(3) Four abrasions of each size 0.8 cm x 0.5 cm seen parallel in the inner aspect of right hand.
(4) Two abrasion of each size 0.5 cm x 0.3 cm seen in the lateral side of left hand.
Following ante mortem injuries are noted on the body:-
(5) A pressure abrasion of size 2cms x 1cm seen in the right cheek
(6) A pressure abrasion of size 1cm x 1cm seen below the right eye.
(7) A pressure abrasion of size 2cms x 1cm seen in the right ala of nose.
(8) A pressure abrasion of size 2cms x 1cm seen in the left ala of nose.
(9) A pressure abrasion of size 2cms x 1cm seen in the left cheek.
(10) A pressure abrasion of size 1cm x ½ cm seen in the right angle of mouth.
(11) A pressure abrasion of size 1cm x 1cm seen in the upper lip.
(12) A pressure abrasion of size 1cm x 1cm seen in the chin.
(13) Two annular nail makrs of each length 0.5cm seen in the left cheek
(14) An annular nail makr of length 0.7cm seen in the right side of cheek close to the nose.
(15) Multiple pressure abrasions of varying sizes seen in the nose and cheek.
(16) Both lips found contused. Multiple lacerations of varying sizes seen in the inner aspect of both lips. The anterior surface of incisor teeth are blood stained.
(17) Nasal cartilage found fractured with surrounding bruise. A laceration of size 0.3 cm x 0.1 cmx cartilage deep seen in the right side of nasal septum.
On dissection of Scalp, Skull and dura:-
Scalp contusion of size 5 cms x 5 cms seen over the left temporal region.
Other findings:
Peritoneal and Thoracic cavities – normal. Pericardium – contained 10 ml of straw colour fluid. Heart-normal and chamber empty. Coronaries-patent. Larnyex and Trachea -froth seen inside the lumen. Hyoid bone-intact. Lungs, Liver, Spleen and Kidneys normal and cut section congested. Stomach-empty, nil specific smell, mucosa congested. Small intestine empty, nil specific smell, mucosa congested. Bladder-empty. Uterus-normal and cavity empty. Brain normal and cut section normal. External genitalia normal.
4. The post-mortem certificate has been marked as Ex.P4. After compl