2016 Supreme(Mad) 1700
THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, V. BHARATHIDASAN, JJ.
Ramesh - Appellant
Versus
State Rep. by The Inspector of Police - Respondent
Criminal Appeal No.740 of 2013 & M.P. No. 1 of 2015
Decided On : 01-06-2016
For the Appellant : Mr. N. Manokaran
For the Respondent: Mr. M. Maharaja
Headnote:
Indian Penal Code,1860 - Sections 302, 449, 392 and 201 –Appeal Against Convicted - Police constable for postmortem – Offence of murder - Deceased alone was at her house - On next day morning, at about 08.00 a.m. she was Found dead body was found half burnt. P.W.1, the son in law of the deceased on getting information about same rushed to house of the deceased - After verifying that deceased was no more immediately he went to Rural Police Station and made a complaint on then Sub Inspector of Police on receipt of the said complaint under Ex.P.1, registered a case in crime No. under Sections 302 and 201 of IPC. Ex.P.12 is the FIR. She forwarded both the complaint-Ex.P.1 and the FIR- to the court which were received by the learned jurisdictional Magistrate at 06.45 p.m. Then he handed over the case diary to the Inspector of Police – Held, Public Prosecutor would submit that M.O.4 cell phone was produced by the accused to P.W.12 when he had surrendered on - But fact remains that the ownership of the cell phone has not been proved by collecting necessary documents. Though P.W.21 has stated during cross examination that he knew IME Number of cell phone he did not verify the ownership. P.W.23 has stated that he collected in-coming and out-going call details for cell-phone from the service provider - But persons who are competent to speak about the call details have not been examined - Moreover no certificate has been obtained as required under Section 65-B of Evidence Act to prove the electronic records as primary evidence of P.W.23 would not in any manner help case of the prosecution - Thus there was no investigation to establish ownership of M.O.4-cellphone. So far as the recovery of M.Os.3 and 4 from possession of the accused is concerned as court have already pointed out it is highly unbelievable - Criminal appeal is allowed
S. Nagamuthu, J.
The appellant is the sole accused in S.C.No.3 of 2012 on the file of the I Additional Sessions Judge, Tirupur. He stood charged for offences under Sections 302, 449, 392 and 201 of IPC. After trial, by judgment dated 21.06.2013, the trial court convicted the accused for offences under Sections 302, 449, 392 and 201 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months for offence under Section 302 of IPC; to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- [no default sentence was imposed] for offence under Section 449 of IPC; to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- [no default sentence was imposed] for offence under Section 392 of IPC and to undergo simple imprisonment for three years and to pay a fine of Rs.500/- [no default sentence was imposed] for offence under Section 201 of IPC. Challenging the above said conviction and sentence, the sole accused is now before this court with this criminal appeal.
2. The case of the prosecution in brief is as follows:- The deceased in this case was one Mrs. Mangathal. She was residing at Mangattu Thottam in Kalaipalayam. She was living alone at her house. In that farm, she raised maize crops and after selling the same, she kept cash of Rs.12,000/- with her. She was wearing a gold ring. She was owning two bangles weighing 1½ sovereigns each. She used to keep the same in the steel bureau at her house.
3. On 19.08.2010, the deceased alone was at her house. On the next day morning, at about 08.00 a.m. she was found dead. The body was found half burnt. P.W.1, the son in law of the deceased, on getting information about the same, rushed to the house of the deceased. After verifying that the deceased was no more, immediately, he went to Tirupur Rural Police Station and made a complaint on 20.08.2010 at 10.30 a.m. P.W.16, the then Sub Inspector of Police, on receipt of the said complaint under Ex.P.1, registered a case in crime No.5748 of 2010 under Sections 302 and 201 of IPC. Ex.P.12 is the FIR. She forwarded both the complaint-Ex.P.1 and the FIR-Ex.P12 to the court which were received by the learned jurisdictional Magistrate at 06.45 p.m. on 20.08.2010. Then, he handed over the case diary to the Inspector of Police.
4. P.W.19, took up the case for investigation. He went to the place of occurrence at 12.00 noon on 20.08.2010, prepared an observation mahazar (Ex.P2) at the place of occurrence in the presence of P.W.5 and another witness. He prepared a rough sketch also showing the place of occurrence. Then, he recovered a piece of electric silk wire, a piece of white colour blood stained charred in-skirt, an eversilver spatula, a piece of half burnt cloth, a gold ring weighing 3.300 grams, a blood stained gunny bag, a beedi butt, a burnt wax coated match stick, some blood stained cement/plaster flooring and sample cement/plaster flooring under a mahazar (Ex.P3) from the place of occurrence in the presence of the same witnesses. Then, he conducted autopsy on the body of the deceased and prepared an inquest report (Ex.P28). P.W.18, forwarded the body of the deceased to the hospital through a police constable for postmortem and submitted an alteration report.
5. P.W.16, Dr. T. Jeyasingh, conducted autopsy on the body of the deceased at 10.15 a.m. on 21.08.2010. He found the following injuries on the body of the deceased:-
"Appearances found at the post-mortem:-
Skeletonized and charred body of a female aged about 65 years. Finger and toe nails were bluish in colour. Postmortem burns noted all over the body from head to upper half of the both legs. The neck, upper limbs chest and abdomen found almost charred. The pelvic region and upper part of the both thigh found partly charred. Heat fracture noted on lower end of right humerus and lower end of left tibia. Left upper limb completely charred. Part of the scalp hairs wa