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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. SUNDRESH, N.SATHISH KUMAR, JJ.
Shanmugaraj – Appellant
Vs.
State of Tamilnadu – Respondent
CRL.A. (MD).No.387 of 2016 and, C.M.P. (MD).No.6840 of 2017
Decided On : 31-08-2017
IPC - Murder - Section 302 IPC - Summary: The court found the accused guilty of murdering a Special Sub Inspector of Police based on the testimony of eyewitnesses and medical evidence. The court dismissed the appeal and confirmed the judgment of the Trial Court.
Fact of the Case:
The accused, a constable, developed enmity against the deceased, a Special Sub Inspector of Police, after being transferred to another police station. On the day of the incident, the accused stabbed the deceased and fled. The deceased was taken to the hospital but succumbed to the injuries. The accused denied the charges during trial.
Finding of the Court:
The court found the accused guilty of murder based on the testimony of eyewitnesses, including constables who were present at the scene, and medical evidence. The court dismissed the appeal and confirmed the judgment of the Trial Court.
Issues: Presence of eyewitnesses, delay in filing First Information Report, and recovery of evidence.
Ratio Decidendi: The court relied on the consistent testimony of eyewitnesses, the medical officer's evidence, and the absence of a motive to falsely implicate the accused. The delay in filing the First Information Report and discrepancies in the evidence were not sufficient to discredit the eyewitness testimony. The court also held that the recovery of evidence was not essential to establish the guilt of the accused.
Final Decision: The court dismissed the appeal and confirmed the judgment of the Trial Court, convicting the accused of murder under Section 302 IPC.
N.SATHISH KUMAR, J.
1. Aggrieved over the judgment of the III Additional Sessions Judge, Tirunelveli, dated 28.09.2016, in S.C.No.124 of 2013, the present appeal has been filed. The Trial Court convicted the appellant/accused for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and imposed fine of Rs.1,000/-, in default, 3 months Rigorous Imprisonment.
2. The brief case of the prosecution is as follows:-
(i) The deceased was the Special Sub Inspector of Police and PW1 was the Head Constable at the relevant time. PW1, PW2, the deceased and the accused were working in Surandai Police Station. The accused was transferred on18.07.2012 to Suthamalli Police Station. The accused was under the impression that only the deceased, Special Sub Inspector of Police, was instrumental for transfer. Therefore accused developed enmity against the deceased.
(ii) PW1, PW2, the deceased and the accused in fact were staying together in the house belonging to PW3, one Kanagaraj. On 26.07.2012 at 04.30 p.m., while PW1, deceased and PW2 were ready for leaving for their duty, the accused came in a motor cycle/MO2 bearing registration No. TN 76 L 2250 with a knife/MO1 and stabbed the deceased. Immediately, the accused left the place.
(iii) PW1 and PW2 took the deceased in a auto belonging to PW6 and admitted the deceased in Kamala Hospital. After first aid again they took the deceased to the Government Hospital, wherein it was declared that the deceased died. After handing over the dead body to the mortuary, PW1 went to the jurisdictional police station namely Surandai Police Station at about 10 p.m. and give Ex.P1/First Information Report to PW20.
(iv) PW20 registered the crime in Crime No.162 of 2012 under Section 302 IPC and forwarded the First Information Report to the Court and a copy to the Inspector of Police. First Information Report is Ex.P19. Then the Inspector of Police, Shankar took up the case for investigation and proceeded to the place of occurrence and prepared Observation Mahazar/ Ex.P20 and draw Rough Sketch/ Ex.P21 and also seized blood stained mat/MO8 under the Ex.P22 mahazar. Thereafter, he also conducted inquest over the dead body on next day and inquest report is marked as Ex.P23 and gave a request to the Medical Officer for postmortem and he also examined the witnesses and recorded their statement.
(v) In the meanwhile, PW14/Medical Officer conducted autopsy over the dead body of the deceased and found the following injuries.
“(1) An oblique stab injury of size 3 x 1 cm x peritoneal cavity deep seen over front of upper part of abdomen in midline. Margins are regular. Both margin meet as blunt angle on right side sharp angle in left side. It lies 15 cm above from umbilicus, 3 cm below xiphi sternum. On dissection: underlying lower part of the body of anterior wall of stomach found stabbed measuring 2.5 x 1.5 cm near greater curvature. Stab injury enters into stomach cavity and body of post wall of stomach found stabbed measuring 2.5 x 1.5 cm near lesser curvature, Stomach is distended with food materials. Underlying Splenic artery found stabbed.
Other Findings: Peritoneal cavity contain about 1.5 liter of fluid blood. Pleural cavities - nil specific, Heart – normal, Coronaries - patent, Hyoid Bone – Intact, Stomach - contains about 500 gms. of partially digested rice particles, no specific smell, Mucosa - Pale. Lungs, Liver, Spleen & Kidneys - c/s pale. Small Intestine - contains about 20 ml of bile stained fluid, no specific smell Mucosa -pale. Bladder – empty, Brain - c/s. pale”
and issued Postmortem certificate Ex.P12 and opined that the deceased died of Haemorrhagic Shock due to stab injury about 6 to 24 hours prior to the postmortem.
(vi) PW12/Doctor, has in fact given first aid to the deceased on the date of occurrence at 4.45 p.m. PW13/Doctor in fact declared the deceased died in the Government Hospital and forwarded the dead body to the mortuary and also given information to the police
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