2016 Supreme(Mad) 3525
MADRAS HIGH COURT
M. Jaichandren and S. Nagamuthu, JJ.
Pramilakumari - Appellant
Versus
State rep by The Inspector of Police, C5, Kothavalchavadi Police Station, Chennai. (Cr.No. 446 of 2006) – Respondent
Criminal Appeal No. 180 of 2013
Decided On : 13-04-2016
For the Appellant :Mr. N.R. Elango SC for Mr. R. Vivekananthan, Advocate
For the Respondent: Mr. M. Maharaja, Additional Public Prosecutor
Headnote:
Indian Penal Code, 1860 - Sections 302, 309 and 506(ii) - Arms Act - Sections 3 r/w 25(1-B) and 5 r/w Section 27(1) – Constitution of India - Article 21 - Criminal Procedure Code, 1973 - Section 164 and 313 - Criminal Trial – Offences of Criminal Intimidation, Attempt to commit suicide and Murder – Appeal against conviction - Accused is his wife - P.Ws. 4 and 20 are children of deceased - Deceased, accused and P.Ws. 4 and 20 were residing in an apartment - P.W. 1 is elder brother of deceased and he was residing in same apartment in third floor of building - P.W. 2 is younger brother and P.W. 3 is mother of deceased - At time of occurrence, P.W. 4 was hardly aged eight years and P.W - 20 was around six years of age - Deceased was doing business and in course of time, after marriage, deceased had become a drunkard and he used to beat accused at her house in drunken state - There were also frequent quarrels between them whenever accused returned home in drunken state - All most it had become a frequent affair - One month prior to occurrence, unable to bear torture meted out to her at hands of deceased, accused took both children and went to her parental home in Rajasthan State - Held, It is not as though Court of Magistrate is at such a long distance - It is common knowledge that distance between Police Station and Court is only less than three kilometers - Absolutely, there is no explanation for said delay - Person who took F.I.R - From police station and handed over same to learned Magistrate has also not been examined - We are of view that though prosecution can be held to have created strong suspicion against accused, suspicion, however strong it may be, shall not take place of proof - There are lot of doubts and improbabilities in case of prosecution - Under Article 21 of Constitution of India, deprivation of life and liberty of an individual can be had only by following procedure established by law - Prosecution has succeeded in creating a suspicion against accused and it has miserably failed to prove case against the accused beyond reasonable doubts - Therefore, appellant is entitled for acquittal - Appeal is allowed.
S. Nagamuthu, J.
The appellant - the sole accused in S.C. No. 382 of 2007 on the file of the learned VI Additional Sessions Judge, Chennai stood charged for offences under Section 3 r/w Section 25(1-B) and Section 5 r/w Section 27(1) of Arms Act and under Sections 302, 309 and 506(ii) I.P.C. By judgement dated 01.03.2013, the trial Court convicted her under all the charges and sentenced her to undergo imprisonment for life and pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 302 I.P.C. ; to undergo rigorous imprisonment for three months for the offence under Section 309 I.P.C. ; to undergo rigorous imprisonment for two years for the offence under Section 506 (ii) I.P.C. ; to undergo rigorous imprisonment for one year and pay a fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for three months for the offence under Section 3 r/w Section 25(1-B) of Arms Act, 1959 and to undergo rigorous imprisonment for three years and pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months for the offence under Section 5 r/w Section 27(1) of Arms Act, 1959. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.
2. The case of the prosecution in brief is as follows :
2.1. The deceased in this case was one Mr. Manickchand. The accused is his wife. P.Ws. 4 and 20 are the children of the deceased. The deceased, the accused and P.Ws. 4 and 20 were residing in an apartment at No. 7, Perumal Mudali Street, Chennai. P.W. 1 is the elder brother of the deceased and he was residing in the same apartment in the third floor of the building. P.W. 2 is the younger brother and P.W. 3 is the mother of the deceased. They were residing in the second floor of the same building. At the time of occurrence, P.W. 4 was hardly aged eight years and P.W. 20 was around six years of age.
2.2. The deceased was doing business and in course of time, after marriage, the deceased had become a drunkard and he used to beat the accused at her house in drunken state. There were also frequent quarrels between them whenever the accused returned home in drunken state. All most it had become a frequent affair.
2.3. One month prior to the occurrence, unable to bear the torture meted out to her at the hands of the deceased, the accused took both the children and went to her parental home in Rajasthan State. She stayed there for about one month and returned back. 21.10.2006, was a Diwali day and a pooja was arranged commonly by the family members of P.Ws.1, 2 and the deceased. That pooja went up to late in the night on 21.10.2006 and 22.10.2006.
2.4. At around 02.00 p.m. on 22.10.2006, after the pooja was over, P.W. 1 along with his wife P.W. 5 and his children returned to his house in the third floor of the building and went for sleep. P.W. 2 and P.W. 3 went to their apartment and slept. The deceased and his children P.Ws. 4 and 20 returned to their house. The accused was very much available in the house and they all slept.
2.5. On 22.10.2006, it is alleged that the accused, using a revolver shot the deceased repeatedly, when he was sitting on the cot in the bedroom. It is further alleged that in an attempt to kill herself, with the same revolver, the accused shot at her chest. The deceased sustained injuries on his head and other parts of the body and fell down and became unconscious. The accused, thereafter, concealed the revolver in the wooden almirah in the house.
2.6. On hearing the bang caused due to shooting, P.Ws. 2 and 3 rushed to the house of the deceased, at that time, they found the accused taking her children viz., P.Ws. 4 and 20 and proceeded towards the ground floor. P.W. 2 rushed into the house and on seeing the deceased with injuries and unconscious, he cried for help. He called P.W. 1 by standing on the sit out. P.W. 1 himself heard the bang of the shooting and on hearing the alarm raised by P.W. 2, immediately