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2018 Supreme(Mad) 53

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.T. SELVAM, N. SATHISH KUMAR, JJ.
Murugan & Others – Appellant
Versus
The Inspector of Police Annadhanapatti Police Station Salem District – Respondent
Crl.A. Nos. 256 & 570 of 2017
Decided On : 18-01-2018

Advocates Appeared:
For the Appellants :S. Anantha Narayanan, Senior Counsel for E.C. Ramesh, R. John Sathyan, E.C. Ramesh, Advocates.
For the Respondent: V. Arul, Addl. Public Prosecutor.

Headnote:

Indian Penal Code, 1860 - Section A4, 147, 148 and 302 - Code of Criminal Procedure, 1973 - Section 428 - Accused Conviction Sentence - Rigorous Imprisonment Life Imprisonment and Fine - Deceased was found dead - Deceased would appear to have died due to multiple injuries with evidence of consumption of Ethyl alcohol - Continuation of his investigation, after arrested all the accused, sent them to remand and also altered the crime - Held, Evidence clearly indicate that they had seen a group of people were beating the deceased and when they asked why they are beating, they threatened them - Investigating Officer for the reasons best known to him had not taken any steps to conduct the test identification parade - Aware of the fact that the extra judicial confession which inspires confidence and does not suffer from any infirmity, itself sufficient to base the conviction - But the above principle cannot be applied mechanically - Every case has to be decided on its own facts and circumstances - Have no other option except to hold that the prosecution has not established the complicity of the accused with the crime beyond all reasonable doubts - Court is also told by the learned counsel for the appellants that are also serving sentence, due to poverty they could not prefer appeal - Since the very prosecution version itself is doubtful, we also extend the same benefit - Appeal allowed.

JUDGMENT :

N. SATHISH KUMAR, J.

1. These criminal appeals have been filed by the appellants / accused 2 to 6 challenging the Judgment, dated 14.03.2017, passed in S.C.No.379 of 2014, by the learned I Additional District and Sessions Judge, Salem, convicting and sentencing them as follows:

Accused

Conviction

Sentence

A2, A3, A5 & A6

u/s. 148,u/s.302 r/w 149 I.P.C.

One year Rigorous Imprisonment each. Life Imprisonment each +

Fine of Rs.5,000/- each i/d six months

Simple Imprisonment each.

A4

u/s. 147,u/s.302 r/w 149 I.P.C.

Six months Rigorous Imprisonment Life Imprisonment + Fine of Rs.5,000/- i/d six months simple imprisonment.

Further, the sentences were directed to run concurrently and the period of imprisonment already undergone by the appellants / accused was directed to be set off under Section 428 Cr.P.C.,

2. The appellants in Crl.A.No.256 of 2017 have arrayed as Accused No.2 to 5 and the appellant in Crl.A.No.570 of 2017 has arrayed as Accused No.6. Since, the appeals are arising out of the same judgment, we are inclined to dispose of both the appeals in a common judgment.

3. case of the prosecution in brief is as follows:

3.a. Deceased Raje was a Traffic Police Constable, working in South traffic Wing of Salem Corporation. P.W.1 is his wife. He applied medical leave from 25.03.2014 to 09.04.2014. When the matter stood thus, on 09.04.2014 at about 7.00 p.m. he left the house and did not return. The next day i.e., on 10.04.2014 morning, P.W.2, the constable working along with the deceased informed P.W.1 over phone that her husband was lying dead near Seelanayakkanpatti Venus Weigh Bridge. Immediately, P.W.1 rushed to the place of occurrence and found the dead body of her husband. Thereafter, she lodged a report Ex.P.1 with the Annadhanapatty Police Station. The dresses of the deceased are M.Os.1 and 2; Watch is M.O.3 and Cheppals are M.O.4 and underwear is M.O.5. P.W.2, Head Constable of Annadhanapatty Police Station also visited the spot on the same day morning and found the dead body. P.W.10 Inspector of Police, was working as Sub-Inspector of Police of Annadhanapatti Police Station at the relevant point of time, received the report Ex.P.1 from P.W.1 and registered an F.I.R. (Ex.P.13) in Cr.No.120 of 2014 u/s 302 I.P.C., and forwarded the same to the Court and a copy to the higher officials through P.W.4 Head Constable. P.W.4 handed over the Express F.I.R. to the Judicial Magistrate and copy to the Inspector of Police. P.W.15 Inspector of Police, took up the investigation, went to the place of occurrence and prepared Observation Mahazar Ex.P.2, Rough Sketch Ex.P.18 and also seized M.Os.1 to 6 and M.O.11 under Ex.P.3 Mahazar. He also conducted the Inquest over the dead body and prepared Inquest Report Ex.P.19 and sent the dead body for autopsy. The Medical Officer P.W.11 attached to Mohan Kumaramangalam Medical College Hospital, Salem, conducted autopsy over the dead body and found the following injuries:

“External Examination:

Injuries:

1. reddish brown abrasion on the left side forehead above left eyebrow M-2. 5 x 2 cms.

2. 1 x 0.5 cms on the outer aspect of the left eye.

3. 0.5 x 0.5 cms above the right eye brow

4. Below right eye M-2.5 x 0.5 cms

5. Right cheek M-4.5 x 2.5 cms

6. Right side of nose M-0.5 x 0.2 cms

7. Left Cheek M-1.5 x 0.2 cms

8. Left side of neck at the level of thyroid cartilage M-1.5x0.5 cms.

9. Outer aspect of left shoulder M-2 x 0.5 cms

10. Middle 3rd of right side chest M-10 x 5.5 cms.

11. Left side of Chest M-1 x 0.5 cms.

12. On the lower 3rd o right side chest M-4.5 x 0.5 cms

13. Outer aspect of left thigh M-2 x 0.5 cms

14. Contusion on the outer aspect upper 3rd of left side chest M-9 x 8 x 0.5 cms.

15. Contusion on the middle 3rd of right arm M-8.5 x 7 x 0.5 cms.

16. Below the previous injury another contusion M-7 x 6 x



































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