IN THE HIGH COURT OF MADRAS
M. Jaichandren, S. Nagamuthu, JJ.
M. Sakthivel - Appellant
Vs.
The State - Respondent
Criminal Appeal No. 562 of 2012
Decided On : 01-02-2016
Criminal Procedure Code,1973 - Section 174 and 313 – Indian Penal Code,1860 - Sections 302,364and201 - Inconsistent with guilt – Dead – Appeal Against Conviction - Trial Court convicted him under all charges - For offence under Section 302 Indian Penal Code the trial Court sentenced him to undergo imprisonment for life and to pay a fine of amount in default to undergo simple imprisonment for three years and for offence under Section 364 Indian Penal Code sentenced him to undergo imprisonment for life and to pay a fine of amount in default to undergo simple imprisonment for three years and for offence under Section 201 Indian Penal Code sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of amount in default to undergo simple imprisonment for one year - Above sentences have been ordered to run concurrently - Challenging said conviction and sentence appellant is before this Court with this appeal - Held, Appellant would submit that same is not admissible in evidence in view of judgment of Honble Supreme Court in Armor reported - In instant case since there is no certificate obtained from competent authority as provided under Sections 65A and 65B of Evidence Act court hold that Ex. P. 14 is not admissible in evidence - Further same is only a true copy attested by Inspector of Police - There is no evidence as to what had happened to original - In absence of primary evidence and in absence of compliance of provisions of Information Technology Act, Ex. P. 14 cannot be admitted in evidence - Appeal is allowed
S. Nagamuthu, J.
1. The appellant is the sole accused in S.C. No. 146 of 2012 on the file of the learned Principal Sessions Judge, Erode at Erode District. He stood charged for offences under Sections 302, 364 and 201 IPC. By judgment dated 17.08.2012, the trial Court convicted him under all the charges. For the offence under Section 302 IPC, the trial Court sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for three years and for the offence under Section 364 IPC, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to undergo simple imprisonment for three years and for the offence under Section 201 IPC, sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 3,000/- in default, to undergo simple imprisonment for one year. The above sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant is before this Court with this appeal. The case of the prosecution in brief is as follows:
1.1. The deceased in this case was one Annakili @ Annalakshmi. P.Ws. 2 and 3 are the father and mother, respectively, of the deceased. The deceased was already married to one Mr. Gandhi of Mannarpalayam Village. P.Ws. 2 and 3 were residing in Thodda Village in Gangavalli Taluk. The deceased had a son born through Mr. Gandhi. But Mr. Gandhi married another woman as his second wife. As a result, the deceased returned to her parental home. Three years thereafter, the issue was compromised between Mr. Gandhi and the deceased and the deceased again joined her husband. Mr. Gandhi set up a separate family for him and the deceased at Somapatti Village, whereas, the second wife of Mr. Gandhi was living at Thodda village. The deceased was working as an Accountant in a company. Since her son was unwell for about 15 days prior to 22.08.2009, the deceased was residing with her parents at her parental home and from there, she was attending her job. On 22.08.2009, the deceased had gone to her concern for work. At about 09.00 p.m. on that day, when P.W. 2 was in Trichy, the deceased called him over phone and informed him that she was proceeding along with her husband to attend the marriage of one Amala, a friend of her husband. P.W. 2 believed the same to be true. On 23.08.2009, P.W. 2 returned to his village. But the deceased had not returned. When he tried to contact her over cellphone, it was found switched off. Thereafter, P.Ws. 2 and 3 went in search of the deceased to various places, but could not find her.
1.2. On 27.08.2009, at about 11.00 am, few workers in Yercaud came to the office of P.W. 1, the then Village Administrative Officer of Yercaud, and informed him that a dead body of a woman, in a highly decomposed condition, was lying under a bridge on the Yercaud road. Immediately, P.W. 1 along with his menial went to the said place and found a dead body of a woman in a highly decomposed condition. Maggots were crawling all over the body. The body was half burnt. There were also stones dropped on the body of the deceased. Immediately, P.W. 1 went to Yercaud Police Station and made a complaint in this regard.
1.3. P.W. 10, the then Inspector of Police, Yercaud Police Station on receiving the said complaint, registered a case in Crime No. 290 of 2009 under Section 174 Cr.P.C. Ex. P. 1 is the complaint and Ex. P. 15 is the F.I.R. He forwarded both the documents to Court and took up the case for investigation.
1.4. On 28.08.2009, at about 9.30 a.m. he visited the place of occurrence along with P.W. 1 and a Village Assistant. He prepared an observation mahazar and a rough sketch in the presence of the said witnesses. Then he conducted inquest on the body of the deceased and prepared Ex. P. 17 inquest report. He recovered some material objects Viz., M.Os. 1 to 5 and 18 to 26 from the body and by the side of the body under a mahazar. Since the body was in a highly d
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