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2017 Supreme(Mad) 679
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU & ANITA SUMANTH, JJ.
Sasikumar - Appellant
Vs.
State by the Inspector of Police, Namakkal Police Station, Namakkal District - Respondent
Criminal Appeal No.198 of 2017
Decided On : 12-04-2017
For the Appellant : Mr. A. Padmanaban.
For the Respondents: Mr. P. Govindarajan, Additional Public Prosecutor, Mr. V. Gopinath, Senior Counsel Amicus Curiae.
Headnote:
302 I.P.C. - Murder - Section 302 I.P.C. - Summary of the acts and sections referenced and discussed by the court: The court discussed the evidence related to the recovery of material objects (M.Os.1 to 3) and the admissibility of the accused's disclosure statement under Section 27 of the Indian Evidence Act. The court emphasized the requirement of establishing the nexus between the discovered facts and the crime, and highlighted the principles of admissibility of evidence under Section 27 of the Indian Evidence Act. The court also emphasized the importance of not convicting based on mere surmises and the guarantee of life and liberty under Article 21 of the Constitution of India.
Fact of the Case:
The appellant, the sole accused, was convicted and sentenced for the murder of his father. The prosecution alleged that the accused killed his father due to a dispute over money. The trial court convicted the accused based on the recovery of material objects and the confession made by him. However, several witnesses turned hostile, and the prosecution failed to establish a strong case against the accused.
Finding of the Court:
The court found that the prosecution failed to establish a strong case against the accused. It emphasized the inadmissibility of the accused's disclosure statement under Section 27 of the Indian Evidence Act and the lack of evidence to support the conviction. The court held that the conviction and sentence imposed on the appellant were not sustainable and set them aside, acquitting the accused from the charge.
Issues: The key issues included the admissibility of the accused's disclosure statement, the sufficiency of evidence to prove the charge, and the principles of admissibility of evidence under Section 27 of the Indian Evidence Act.
Ratio Decidendi: The court's decision was based on the lack of evidence to support the conviction, the inadmissibility of the accused's disclosure statement under Section 27 of the Indian Evidence Act, and the principles of not convicting based on mere surmises. The court also emphasized the guarantee of life and liberty under Article 21 of the Constitution of India.
Final Decision: The Criminal Appeal was allowed, and the conviction and sentence imposed on the appellant/accused were set aside. The appellant/accused was acquitted from the lone charge and directed to be set at liberty, with any fine amount paid to be refunded and bail bond to be discharged.
S. Nagamuthu, J.
The appellant, the sole accused in S.C.No.120 of 2011 on the file of the learned Principle Sessions Judge, Namakkal, has come with this Criminal Appeal challenging his conviction and sentence for offence under section 302 I.P.C. The Trial Court has sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for 9 months.
2. The case of the prosecution, in brief, is as follows:-
The deceased in this case was one Mr. Sivaji. He was residing at Veesanam Village in Namakkal District. P.W.1 is the wife of the deceased. The accused is their son. The deceased was working in a workshop at Namakkal, as a Night Watchman. The accused was then a Bachelor. He was working as a lorry Driver. The accused wanted to purchase a lorry, for which, he wanted money from his father. The deceased refused. It is stated that the accused got wild and decided to do away with the deceased. This is stated to be the motive for the occurrence.
3. It is further alleged that on 27.09.2015, when the deceased was alone at his house, the accused came to the house and asked about the proposal to purchase the lorry. When the deceased declined, the accused wanted him atleast to sell the land and to give money. Since, the deceased refused to do so, the accused, cut the deceased with bill hook on the neck and other parts of the body. Then, the accused fled away from the scene of occurrence.
4. According to the case of the prosecution, the occurrence was witnessed by one Ms. Baby (P.W-10) and one Ms. Manimegalai (P.W.4). The deceased was taken to the General Hospital, Namakkal and then, to the Mohan Kumaramangalam Medical College and Hospital, Salem, for further treatment. However, he succumbed to the injuries at 11.00 pm on the same day. In respect of the said occurrence, on a complaint made by PW.1, the present case was registered by the then Sub Inspector of Police (P.W.15) in Crime No.698/2015.
5. Thereafter, the investigation was taken over by P.W.16, the then Inspector of Police. He proceeded to the place of occurrence, prepared an observation mahazar, a rough sketch and recovered the blood stained earth, sample earth and also recovered the material objects in the presence of witnesses. He held inquest on the body of the deceased and forwarded the same for post mortem.
6. P.W.7 - Dr. Gokularaman, conducted autopsy on the body of the deceased and found the following injuries:-
“1. A cut injury seen on the lower aspect of right side of the neck measuring 15cmx3cmxBone deep, extending from 3 cm below the right ear along the lower aspect of the neck upto the centre of back of the neck, posterior margin 15cm from the occipital protuberance exposing underlying cut muscles and cervical Vertebra with extroversion of blood.
2. A sutured wound seen on the back of right cheek with 5 sutures. A cut injury measuring 7cmx2cmxMuscle deep see merging with the previous wound.
3. Another injury seen measuring 8cmsx2cmxBone deep on the back of Right cheek along the lower aspect the right ear lobe merging with the previous injury exposing underlying cut muscles and cervical vertebra with extravagation of blood
4. A sutured wound over the back of right shoulder 12cm, 95 sutures/ OR of sutures cut injury seen exposing underlying cut muscles with extravagation of blood.
5. Another cut injury 1cm below the previous wound measuring 6cmx1cmxmuscle deep.
6. A stab injury see on the outer aspect of the right side of chest measuring 2cmx1cmxCavity deep.
7. A sutured wound seen back of left side chest 10 sutures with 15cm Long O/R sutures cut injury see exposing underlying cut muscles with extravagation of blood.
8. 3cm inner and above another cut injury seen measuring 1cm muscle deep.
9. A Sutured wound back of left side shoulder measuring 15cm with 9 sutures O/R of sutures cut injury seen exposing underlying cut muscles.
10. A Sutured wound see on the lower and other aspect of the left fore arm 2cm with 1 suture O/R su
