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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, V. BHARATHIDASAN, JJ.
K. Nagarathinam - Appellant
Vs.
State by The Inspector of Police, Chettipalayam Police Station, Chettipalayam, Coimbatore District - Respondent
CRL.A.Nos.374, 375 and 578 of 2016
Decided On : 01-09-2016
IPC - Murder - Sections 364, 302 - Summary of the acts and sections referenced and discussed by the court: The court discussed the evidence presented, including witness testimonies and investigation details, to analyze the charges under Sections 364 and 302 of the Indian Penal Code. The court highlighted the lack of conclusive evidence linking the accused to the alleged abduction and murder, and emphasized the prosecution's failure to prove the case beyond reasonable doubt.
Fact of the Case:
The deceased, Mr. Venkatesh, was allegedly abducted and killed by the accused, who were convicted by the trial court. The prosecution presented evidence of motive, witness testimonies, and investigation details.
Finding of the Court:
The court found that the prosecution failed to prove the case against the accused beyond reasonable doubt. It highlighted the lack of conclusive evidence linking the accused to the alleged abduction and murder, and emphasized the possibility of accidental fall or suicide as alternative explanations for the deceased's death.
Issues: The key issues included the sufficiency of evidence to establish the accused's guilt beyond reasonable doubt, the credibility of witness testimonies, and the adequacy of the investigation in proving the charges under Sections 364 and 302 of the IPC.
Ratio Decidendi: The court held that the prosecution failed to prove the case against the accused beyond reasonable doubt, emphasizing the lack of conclusive evidence and the possibility of accidental fall or suicide as alternative explanations for the deceased's death.
Final Decision: The appeals were allowed, and the appellants were acquitted. The conviction and sentence imposed by the trial court were set aside, and the accused were entitled to acquittal. Any bail bonds executed by the accused were discharged, and the fine amount, if paid, was to be refunded to the respective accused.
S. NAGAMUTHU, J.
The appellants are the accused 1 to 3 in S.C.No.57 of 2011 on the file of the learned I Additional District and Sessions Judge, Coimbatore. They stood charged for offences under Sections 364 and 302 of IPC. By judgment dated 25.04.2016, the trial court convicted all the three accused under both the charges and sentenced them to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each, in default, to undergo simple imprisonment for 3 months for the offence under Section 364 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each, in default, to undergo simple imprisonment for 6 months for the offence under Section 302 of IPC. Challenging the said conviction and sentence, the appellants are before this Court with this Criminal Appeal.
2. The case of the prosecution in brief is as follows:
(a) The deceased in this case was one Mr. Venkatesh. The 1st accused was working as a Line Inspector in Tamil Nadu Electricity Board at Echanari in Coimbatore District. The accused 2 and 3 were also working in the same department under the 1st accused. The deceased was a Contract Labour under the 1st accused. It is alleged that the 1st accused wanted to marry one Sivaranjani, the sister of the deceased. But the family members of Sivaranjani rejected the said proposal. The 1st accused came to know that it was the deceased who objected the said proposal very strongly. Therefore, the 1st accused developed grudges against the deceased. On account of the said ill-feeling, it is alleged that the 1st accused decided to do away with the deceased along with the accused 2 and 3.
(b) On 01.07.2010, around 03.30 p.m., the deceased was at his house at Malumichampatti Village, Ambedkar Nagar in Coimbatore District. It is alleged that at that time, the 1st accused called the deceased over phone and wanted him to come to a place near Karpagam College at Coimbatore under the guise of doing some electrical work there. Accordingly, the deceased went there. From there, it is alleged that as already plotted, the accused 2 and 3 took the deceased in the Motor Cycle bearing Registration No. TN 37 AM 3432 to Madhukarai Market. Thereafter, it is stated that all the three accused took the deceased to Kerala State and near Malampuzha Dam pushed him into the dam. The deceased died due to drowning. Thereafter, all the three accused fled away from the place of occurrence. The occurrence was not noticed by anyone.
(c) P.W.1 the mother of the deceased was present on 01.07.2010, when the deceased left her house in his vehicle to go over to Karpagam College. Thereafter, he did not return. Therefore, she made a complaint to Chettipalayam Police Station on 06.07.2010 at 10.00 a.m. P.W.12 the then Special Sub-Inspector of Police of Chettipalayam Police Station, on receipt of the said complaint, registered a case in Cr.No.445/2000 for ''Boy Missing''. Ex.P.1 is the complaint and Ex.P.14 is the First Information Report. He forwarded both the documents to court which were received by the learned Magistrate at 09.00 p.m. on 09.07.2010.
(d) P.W.14 took up the case for investigation. He examined P.W.1 and many more witnesses and recorded their statements. He went to Karpagam College and prepared an Observation Mahazar and a Rough Sketch in the place where the deceased was lastly taken in a Motor Cycle.
(e) In the meanwhile, one Mr.Samseer (P.W.8), who was residing at Mandakadu Village near Malampuzha Dam in Kerala State, on 02.07.2010 around 09.00 a.m. was informed by one Suresh that when he was fishing in the dam with a net, a male human dead body was collected in the said net. Immediately, P.W.8 went to the dam, found a dead body of a male. Then, he went to Malampuzha Police Station and made a complaint in respect of the same.
(f) P.W.11, the then Sub-Inspector of Police of Malampuzha Police Station, on receipt of the said complaint, registered a case in Crime No.220/2010 under Section 174 of Cr.P.C. Ex.P.10
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