IN THE HIGH COURT OF MADRAS
S. Nagamuthu and N. Authinathan, JJ.
Mohan – Appellant
Versus
State by The Inspector of Police, Sholinghur Police Station, Vellore District – Respondent
Crl.A.No.623 of 2016 in S.C.No.86 of 2012
Decided On : 05-12-2016
Constitution of India - Article 21 - Indian Penal Code - Sections 376, 511, 302, 201 – Rigorous Imprisonment – Offence of murder - Cross examination – Appeal against Conviction - (a) P.W.1 is a resident of village - He was running a small Hotel near Bus Stand - Early morning at 6.30 a.m., he found the dead body of a woman - There were injuries on the body. P.W.1 suspected that she would have been done to death by someone - He immediately proceeded to Police Station and made a complaint at 10.00 a.m. - Case was registered on said complaint in Cr. for the offence punishable under Section 302 IPC - Assailant was not then known - Held, life and liberty of an individual could be deprived of only by following the procedure established by law - Said procedure denotes a fair procedure where the proof of guilt should be made beyond reasonable doubts. In other words, Court cannot afford to convict an individual on mere surmises or suspicion. In the instant case, the prosecution has not even succeeded in establishing a mere suspicion against these two accused - Court hold trial Court had convicted appellant/accused only on mere surmise and therefore the same should not be allowed to sustain. We hold that the prosecution has failed to prove the case against the appellant/accused beyond reasonable doubts and therefore the appellant/accused is entitled for acquittal - Appeal is allowed
S. Nagamuthu, J.
The appellant is the sole accused in S.C.No.86 of 2012 on the file of the learned II Additional District and Sessions Judge, Vellore at Ranipet, Vellore District. He stood charged for the offences under Sections 376 read with 511 of IPC; 302 IPC and 302 read with 201 of IPC. By judgment dated 26.07.2013, the trial court convicted him under all the charges and sentenced him as detailed below:
Penal provision(s) under which convicted
Sentence
Section 376 r/w 511 of IPC
Rigorous Imprisonment for seven years and to pay a fine of Rs.1,000/- in default, to undergo rigorous imprisonment for one month.
Section 302 of IPC
Imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo rigorous imprisonment for further period of one month
Section 302 r/w 201 IPC.
Rigorous Imprisonment for seven years and to pay a fine of Rs.1000/-, in default, to under rigorous imprisonment for one month.
Challenging the said conviction and sentence, the appellant/sole accused is before this Court with this appeal.
2. The case of the prosecution in brief, is as follows:-
(a) P.W.1 is a resident of Sholinghur village in Vellore District. He was running a small Hotel near the Bus Stand at Sholinghur. On 05.01.2012, early morning at 6.30 a.m., he found the dead body of a woman, by name Vijaya (hereinafter referred to as "deceased"). There were injuries on the body. P.W.1 suspected that she would have been done to death by someone. Therefore, he immediately proceeded to Sholinghur Police Station and made a complaint at 10.00 a.m. A case was registered on the said complaint in Cr.No.14 of 2012 for the offence punishable under Section 302 IPC. The assailant was not then known.
(b) P.W.15 Inspector of Police took up the investigation. He went to the place of occurrence; prepared Observation Mahazar and a Rough Sketch in the present of witnesses. He recovered blood stained earth and sample earth from the place of occurrence under a Mahazar. Then, in the presence of some witnesses, he conducted inquest on the body of the deceased and forwarded the same for postmortem.
(c) P.W.11 Doctor Rajmohan conducted autopsy on the body of the deceased on 05.01.2012 at 4.00 p.m. He found the following injuries on the body of the deceased :
A body of a female, aged about 45 years, lied on back, moderately nourished symmetrical, scalp hair black and white. Mouth & lips crushed. Tongue crushed. All teeth broken out. Both ears crushed. General appearance tallied with that of police report.
External Injuries:
1. Face disfigured, left side face patterned crushed injuries
2. Right side shoulder joint. Multiple abrasions with swelling.
3. Right side fore arm multiple puncture wound measuring 1 c.m x 0.5 c.m
Opening of thorax:
Both side ribs normal
Heart pale. Chambers empty
Both lungs pale. Hyoid bone intact.
On opening of abdomen
Stomach pale and empty
Liver pale
Spleen pale
Both kidneys pale
Intestine - pale, distended with gas
On opening of skull Both side temporal bones fractured. Frontol and parietal bones fractured. Brain covering membrane beneath the fracture ruptured. Base of skull fractured.
(d) Ex.P.10 is the Postmortem Certificate. He gave opinion that the injuries found on the body of the deceased could have been caused by hitting of stone M.Os 1 and 2. He further opined that the death was due to shock and hemorrhage due to the injuries found on the body of the deceased.
(e) P.W.15 recovered blood stained clothes from the body of the deceased. When the investigation was in progress, the accused appeared before P.W.2, the then Village Administrative Officer and made a voluntary confession. P.W.2 ascertained that the accused was in a voluntary move to make confession. Therefore, he allowed him to make an oral confession. P.W2 reduced the said confession, orally made by the accused
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