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2018 Supreme(Mad) 417
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.T. SELVAM, N. SATHISH KUMAR, JJ.
Manikandan - Appellant
Versus
State rep. by, The Inspector of Police, Tiruppur District - Respondent
Crl. A. No. 416 of 2017 & Crl. M.P. No. 123 of 2016
Decided On : 05-03-2018
Advocate Appeared:
For the Appellant : S. Mohamed Ansar
For the Respondent: M. Prabhavathi
The judgment emphasizes the requirement for conclusive and incriminating circumstances in circumstantial evidence cases and underscores the importance of thorough and serious investigation in grave criminal cases.
Headnote:
Criminal Appeal - Murder - IPC 120[b], 449, 302 - The judgment discusses the motive and last seen theory as circumstantial evidence to establish the guilt of the accused. The court critically analyzes the evidence and the conduct of the investigating officer, highlighting the lack of conclusive evidence and investigative lapses. The appeal is allowed, and the appellant is acquitted of all charges.
Fact of the Case:
The appellant was convicted for the murder of his aunt and her son. The prosecution relied on the last seen theory and motive to establish guilt. The court critically analyzed the evidence and investigative conduct.
Finding of the Court:
The court found that the prosecution failed to establish conclusive evidence against the appellant. It highlighted the lack of incriminating material and investigative lapses, leading to the acquittal of the appellant.
Issues: The key issues revolved around the sufficiency of circumstantial evidence, the reliability of witness testimony, and the conduct of the investigating officer.
Ratio Decidendi: The court emphasized the need for conclusive and incriminating circumstances in circumstantial evidence cases. It also highlighted the importance of thorough and serious investigation in grave criminal cases.
Final Decision: The criminal appeal is allowed, and the appellant is acquitted of all charges. The conviction and sentence imposed on the appellant are set aside.
N. Sathish Kumar, J.
Appellant is arrayed as A-1 out of 2 accused, in the case in SC.No.19/2016 on the file of the Court of the learned II Additional District and Sessions Judge, Tiruppur. The appellant/A-1 stood charged and tried for offences u/s.120[b], 449, 302 [2 counts] IPC and A-2, his father, stood charged and tried for offences u/s.120[b] 302 read with 120[b] [2 counts] and 201 IPC. The Trial Court, under judgment 27.03.2017, acquitted A-2 from all charges levelled against him. However, convicted the appellant/A-1 for the said offences and sentenced him to undergo 10 years rigorous imprisonment with a fine of Rs.2,000/- and in default, to undergo 1 years rigorous imprisonment for the offence u/s.449 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- for each count, in default, to undergo 1 years rigorous imprisonment. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/A-1.
2. The brief facts of the prosecution case, are as follows:-
[a] Deceased No.1-Revathy is the wife of P.W.1-Palanisamy and deceased No.2-Vignesh is the son of P.W.1 and Revathy. Both P.W.1 and deceased Revathy were residing along with their son at Tirupur. Deceased Revathy was doing the job of cutting waste materials of cloth from the house itself. When the matter stood thus, on 02.04.2014, while P.W.1 was in his work, he was informed by P.W.3-Thangaraj that the wife and son of P.W.1 were lying in a pool of blood and that he had informed Ambulance. P.W.1 immediately rushed to the spot and found both his wife and minor son were lying in a pool of blood with injuries on them. Both injured were taken to Malar Priya Hospital in the Ambulance, where the doctor who examined them, informed that Vignesh died at 5.50 p.m. and Revathy died at 6.45 p.m. on the same day. She issued Exs.19 and 21-Accident Registers and Exs.P.18 and 20-Death Intimations pertaining to deceased Revathy and Vignesh When P.W.1 enquired P.W.3 as to what had happened, P.W.3 informed P.W.1 that at about 3.30 p.m., he saw a person wearing green coloured shirt, sitting on the pial and talking with the deceased Revathy. Sometime thereafter, when P.W.3's daughter went to give the birthday cake to Revathy, she found Revathy and Vignesh lying with injuries. On receipt of said information from her, P.W.3 immediately contacted P.W.1. P.W.1 further stated that upon enquiry, P.W.4-Poongodi, wife of P.W.3, informed him that at about 4.00 p.m., a person was coming out of the house of P.W.1 in an unusual and panic manner. Thereafter, P.W.1 went to Anupparpalayam Police Station and lodged the complaint under Ex.P.1.
[b] P.W.3-Thangaraj, a neighbour of P.W.1, stated that on 02.04.2014 he celebrated the birthday of his son and in order to give the cake to Revathy, his daughter went to the house of P.W.1 wherein she found both deceased lying in a pool of blood. P.W.3 immediately informed P.W.1 and also called the services of Ambulance. It is his further evidence that on the date of occurrence, at about 3.30 p.m., while he was supervising the construction work in his terrace, he saw the appellant/A-1 sitting on the pial and talking with the deceased Revathy. P.W.4-wife of P.W.3 had stated that while was returning to home from School on 02.04.2014 at about 4.00 p.m., she saw a person coming out of the house of the deceased and that his appearance is like that of the appellant/A-1. P.W.5-Perumal is the father of the deceased Revathy. On 02.04.2014, while he was on his duty, his granddaughter, i.e., daughter of P.W.1 and deceased Revathy, came and informed that someone had attacked her mother and younger brother. Immediately, when he rushed to the spot, he came to know that both injured were taken to hospital and thereafter, he went to hospital, wherein, he came to know that both deceased had died. P.W.8-Sakthivel has stated in his evidence that on 02.04.2014, when he along with his friends were going to see a land f
