IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Nagamuthu and N. Authinathan, JJ.
Munusamy - Appellant
Versus
State rep. by Inspector of Police, Kelamangalam Police Station, Salem - Respondent
Crl.A. No. 868 of 2016
Decided On : 02-02-2017
Indian Penal Code, 1860 - Section 302 - Criminal Produce Code, 1973 - Section 313 – Criminal Trial – Offence of Murder - Appeal against conviction - Allegations that at hut of deceased, he, with intention of causing death, threw a big stone (M.O.1) over head of deceased , resulting in her death and thereby committed offence of murder, punishable under Section 302 IPC - Case of prosecution as disclosed from evidence of prosecution witnesses and documents - P.W.1 is daughter of deceased (P.W.2) is husband of P.W.1. deceased husband died 15 years prior to occurrence - After death of her husband, deceased developed an intimacy with the accused - Deceased put up a hut on a poramboke land situate on western side Bus Stop - Accused suspected her moral conduct and often quarrelled with her on that account - On 03.03.2011 at about 8.00 p.m., (P.W.1) has gone to hut of deceased to deliver food - Accused came there in a drunken state and picked up a quarrel with deceased - Held, Prosecution has not been able to point out any clear evidence to show that deceased indulged in hobnobbing with other men. There had been no earlier instances of any violent quarrel involving themselves - Deceased was aged 65 years as per the post mortem report - Inspector of Police (P.W.12) claims to have arrested accused and recorded his statement and in pursuance of information furnished by him, he seized blood stained clothes of accused in presence of P.Ws.6 and 7 - Village Administrative Officer (P.W.6) would state that he was summoned to police station by Inspector of Police and accused was interrogated by Inspector in Police Station itself - His Assistant (P.W.7) did not support case of prosecution as regards arrest and recovery - He would state that accused was arrested on next day of occurrence - He has been treated as hostile witness - He would state he was asked to sign by Inspector and he feigned ignorance of contents of Ex.P.20 statement of accused - There is no clinching proof connecting accused with commission of crime - Prosecution has not by any reliable evidence shown or adduced any proof which conclusively connect accused with commission of offence - Accused is entitled to benefit of doubt - Accused is therefore not found guilty of offence with which he is charged - Appeal is allowed.
Mr. N. Authinathan, J.
This appeal is directed against the conviction and sentence imposed in S.C.No.97 of 2011 on the file of the learned Additional District and Sessions Judge, Krishnagiri, ordering the accused to undergo life imprisonment and to pay a fine of Rs. 500, in default, to undergo simple imprisonment for two months for the offence under Section 302 IPC.
2. The appellant stands charged on the allegations that at 8.00 p.m., on 03.03.2011 at the hut of the deceased Gengammal, he, with the intention of causing death, threw a big stone (M.O.1) over the head of Gengammal, resulting in her death and thereby committed the offence of murder, punishable under Section 302 IPC.
3. The case of the prosecution as disclosed from the evidence of the prosecution witnesses and documents is briefly as follows:
4. Muniamma (P.W.1) is the daughter of the deceased Gengammal. Ramadas (P.W.2) is the husband of P.W.1. Gengammal's husband died 15 years prior to the occurrence. After the death of her husband, Gengammal developed an intimacy with the accused. Gengammal put up a hut on a poramboke land situate on the western side of Pancheswaram Gandhi Nagar Bus Stop. The accused suspected her moral conduct and often quarrelled with her on that account.
5. On 03.03.2011 at about 8.00 p.m., Muniamma (P.W.1) has gone to the hut of the deceased to deliver food. The accused came there in a drunken state and picked up a quarrel with the deceased. Suddenly, he picked up a knife and stabbed on her hip. She fell down. Then the accused picked up a stone lying nearby and dropped it on her head, resulting in her death. The accused fled from the scene. Ramadas (P.W.2) and Marisa (P.W.3), on hearing the cries of P.W.1, rushed to the place of occurrence. P.W.1 informed that the accused caused the death of the deceased. Muniappa (P.W.4) was a native of Pancheswaram. He was returning from his farm. On the way to home, he happened to see the accused between 8.30 p.m and 9.00 p.m. in blood stained clothes near Pancheswaram Bus Stop. Munusamy (P.W.5) is the husband of one Rajammal, the then President of Thandarai Panchayat. The accused was a tenant under his brother Ramachandrappa. The accused and the deceased approached P.W.5 requesting him to mediate relations between them. He was unable to make peace between them. He advised them to go to police station. This has happened three months prior to the occurrence.
6. Chandrasekar (P.W.6) was the then Village Administrative Officer of Pancheswaram village. Muniappa (P.W.7) was the then Village Assistant of Pancheswaram Village. P.W.7 received a information about the murder of the deceased. He visited the scene of occurrence. He returned to the Office of the Village Administrative Officer and reported the matter to P.W.6.
7. P.W.6 along with P.W.7 visited the scene of occurrence. P.W1 accompanied by her husband (P.W.2) and the Village Administrative Officer (P.W.6) and others went to Kelamangalam Police Station and reported the matter. Ex.P.1 is the complaint given by P.W.1. Ex.P.4 is the endorsement made by the Village Administrative Officer on the complaint.
8. Mr. Rajarathinam (P.W.11), on receipt of the complaint Ex.P.1, at 3.00 a.m., on 04.03.2011, registered a case in Cr.No.59/2011 for the offence punishable under Section 302 IPC. Ex.P.16 is the first information report sent by him to the Court. He sent copies of the same to the higher authorities.
9. Sivakumar (P.W.12), the then Inspector of Police at Denkanikottai Police Station and in charge of Royakottai Police Station, took up the investigation. He visited the scene of occurrence and prepared an observation mahazar (Ex.P.3) and a rough sketch (Ex.P.17). He recovered Suri Knife (M.O.1) and grinding stone (M.O.2), blood stained earth (M.O.3) and sample earth (M.O.4) under Ex.P.2 mahazar in the presence of P.Ws.2 and 3. He visited the Government Hospital, Denkanikottai and conducted inquest over the dead body of the deceased at mortuary, attached to Denkan
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.