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2017 Supreme(Mad) 4163

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, ANITA SUMANTH, JJ.
Subash - Appellant
Versus
State, rep. through SHO, Inspector of Police, Arakandanallur Police Station - Respondent
Crl.A.No.590 of 2016
Decided On : 27-04-2017

Advocates Appeared:
For the Appellant : Mr. S. Duraipandian
For the Respondent: Mr. P. Govindarajan, Addl. P.P.

Headnote:

Indian Penal Code,1860 - Sections 302 and 404 - Criminal Procedure Code,1973 - Section 164 and 391 - Indian Evidence Act - Section 114 – Offence of murder – Dishonest misappropriation of property possessed by deceased person at the time of his death - Charged - Challenged - Deceased in this case was one - She was a retired teacher - P.W.1 is one of sons of the deceased - Her husband, who was also a teacher died sometime before the alleged occurrence. P.W.1 and his family members were residing at Village - Yet another son of deceased was residing in Hosur with his family members - Thus, at her house deceased alone was residing - During holidays, deceased used to visit house of P.W.1 - According to her, on around 6.00 p.m., she found that there were no lights on in house of deceased - Therefore, P.W.5 went to house of deceased and knocked at doors - But doors were bolted from inside - Therefore, P.W.5 informed P.W.1 about same - P.W.1, in turn informed his cousin (P.W.9), who is residing near house of deceased, to go to house of the deceased - Accordingly, P.W.9 went to house of deceased - P.W.5 was also present - Since main door of house was bolted from inside, they went to backyard of house and by force opened backside door of house and went into house – Held, learned counsel for appellant would submit that P.Ws.1 and 25 have stated that accused was taken to police station on next day of occurrence and therefore arrest of accused on and consequential recovery of M.O.1 cannot be true – Court have carefully gone through evidence of P.W.1 - He had not at all stated that accused was taken to police station on next day of occurrence - He has only stated, that too, to a complex question asked to him as to whether it was correct to say that he took witness and accused to police station on next day of occurrence, in positive - Similarly, P.W.25 has also stated that on next day of occurrence, he was taken to police station along with accused - This answer has also been elicited by putting a complex question - He has stated that he was taken to police station on suspicion that he would have had a hand in murder of deceased - From these innocuous answers given by witnesses, Court cannot doubt case of prosecution that accused was arrested only - Therefore, this argument is rejected - prosecution has clearly proved charges against accused beyond reasonable doubts and trial Court has thus right in convicting accused and sentensing him accordingly - Court find no merit at all in this appeal - In the result, appeal fails and same is accordingly dismissed.

JUDGMENT :

S. NAGAMUTHU, J.

1. The appellant is the sole accused in S.C.No.530 of 2013, on the file of the learned Sessions Judge, Mahalir Needhimandram Fast Track (Mahila Court), Villupuram. He stood charged for offence under Sections 302 and 404 IPC. By judgment dated 18.3.2016, the trial Court Convicted him under both charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for one year, for the offence under Section 302 IPC and to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for two months for the offence under Section 404 IPC. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

2. The case of the prosecution in brief is as follows:

(a) The deceased in this case was one Mrs. Unnamalai. She was a retired teacher. P.W.1 is one of the sons of the deceased. Her husband, who was also a teacher died sometime before the alleged occurrence. P.W.1 and his family members were residing at T. Thevanur Village. Yet another son of the deceased was residing in Hosur with his family members. Thus, at her house at Veerapandi, the deceased alone was residing. During holidays, the deceased used to visit the house of P.W.1 at T.Thevanur. Similarly, on 4.8.2012, the deceased came to the house of P.W.1, stayed with him and in the evening of 5.8.2012, she returned to her village.

(b) It is further alleged that P.W.5-Mrs.Mallika is a neighbour of the deceased. According to her, on 6.8.2012, around 6.00 p.m., she found that there were no lights 'on' in the house of the deceased. Therefore, P.W.5 went to the house of the deceased and knocked at the doors. But the doors were bolted from inside. Therefore, P.W.5 informed P.W.1 about the same. P.W.1, in turn informed his cousin (P.W.9), who is residing near the house of the deceased, to go to the house of the deceased. Accordingly, P.W.9 went to the house of the deceased. P.W.5 was also present. Since the main door of the house was bolted from inside, they went to the backyard of the house and by force opened the backside door of the house and went into the house. Inside the house, to their shock, they found the deceased lying dead. There were injuries on her body. The gold chain which the deceased used to wear was not found on dead body.

(c) In the meanwhile, P.W.1, along with his wife, rushed to the occurrence village. By the time, others have entered into the house. P.W.1 also noticed that the deceased was no more and there were injuries on her body. He further noticed that a gold chain, weighing five sovereigns, was found missing from the neck of the deceased. Then, P.W.1 went to the Aragandanallur Police Station and made a complaint at 9.00 p.m., on 6.8.2012. The Sub-Inspector of Police, Shanmugham, registered a case on the said complaint. Ex.P1 is the complaint and Ex.P31 is the First Information Report.

(d) The case was taken up for investigation by the then Inspector of Police (P.W.39). He went to the place of occurrence at 11.30 p.m. At his request, a sniffer dog was also brought to the place of occurrence and an expert in finger prints was also brought. P.W.39, examined many witnesses and conducted inquest on the body of the deceased and forwarded the body for post-mortem. P.W.36-Dr.Geethanjali, conducted autopsy on the body of the deceased on 7.8.2012 at 2.00 p.m. She found the following injuries:

"External examination: Fare swallen. Eyes bulging and closed. Tongue seen protruding between the teeth to a length of 1 cm. blister seen over upper part of chest (R) and (L) upper limbs. All finger nails cyanosed. Innjries: (1) contusion seen over @ 1.5 cm x 1.5 x 0.5 cm seen just below the medial 1/3rd of (R) mandible - in the neck (R) side) (4) 1 cm x 0.5 x 0.7 cm below the chin (@) 2m x0.5mx0.5m - medial side of (L) big toe (2) contusion abrasion 2 m x 0.5 m x 0.5 m over the (R) lower eye lid (3) Laceration




































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