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2018 Supreme(Mad) 2236
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. SUNDRESH, N. SATHISH KUMAR, JJ.
Thangaraj - Appellant
Vs.
State through The Inspector of Police, Panakudi Police Station, Tirunelveli - Respondent
CRL.A(MD) No. 285 of 2018
Decided On : 23-08-2018
For the Appellant : Mr. R. Alagumani.
For the Respondent: Mr. S. Chandrasekar, Additional Public Prosecutor.
The court emphasized the importance of corroborative evidence and rejected the appellant's argument for modifying the sentence under Section 302 IPC.
Headnote:
Criminal Appeal - Conviction under Section 302 and 307 IPC - [Section 302, Section 307] - The court analyzed the evidence and found the accused guilty of causing the death of the deceased and inflicting injury on another individual. The court rejected the appellant's argument for modifying the sentence and confirmed the conviction and sentence imposed by the Trial Court.
Fact of the Case:
The appellant was convicted for the offence under Section 302 and 307 IPC for causing the death of the deceased and inflicting injury on another individual. The deceased's husband questioned the accused about a dispute, leading to the accused and two others attacking the husband and the deceased, resulting in the death of the deceased and injury to the husband.
Finding of the Court:
The court found the accused guilty of causing the death of the deceased and inflicting injury on another individual based on the evidence presented.
Issues: The main contention was the reliability of the eyewitness accounts and the alleged contradictions in the evidence. The appellant also argued for modification of the sentence.
Ratio Decidendi: The court held that the evidence and medical reports corroborated the prosecution's case, and the minor contradictions pointed out by the appellant's counsel did not affect the prosecution's case. The court also rejected the appellant's argument for modifying the sentence.
Final Decision: The Criminal Appeal was dismissed, and the conviction and sentence imposed on the appellant were confirmed.
N. SATHISH KUMAR, J.
This Criminal Appeal is filed against the judgment and conviction rendered by the learned Additional Sessions Court No. IV, Tirunelveli, in S.C. No. 327 of 2008, dated 11.01.2016, convicting the appellant and sentencing him for the offence under Section 302 IPC to undergo life imprisonment and to pay a fine amount of Rs.1,000/- in default to undergo rigorous imprisonment for six months and sentencing him for the offence under Section 307 IPC to undergo rigorous imprisonment for seven years and to pay a fine amount of Rs.1,000/- in default to undergo rigorous imprisonment for six months. The above sentences have been ordered to run concurrently.
2. The brief facts leading to this case are as follows :-
(i) The deceased, namely, Shanthi, is the wife of P.W.1 and the mother of P.W.2 and P.W.3. They were the residents of Kavalkinaru, Alagianambipuram. The accused is a resident of Indira Colony, Aralvoimozhi. P.W.9 is a distant relative of P.W.1 and the wife of the accused. The accused abused P.W.9 in respect of which, there were some panchayats in the Village. When the matter stood thus, on 05.12.2001, P.W.9 came to the village of P.W.1. P.W.1 questioned the accused about the same. On 08.12.2001, while P.W.1 to P.W.3, the deceased and others were talking together in their village, the accused came along with two other absconding accused persons, namely, Perumal and his wife Esakkiammal, in an auto, which was driven by P.W.5 and the said Perumal, who came along with the accused herein, tried to attack P.W.1 with Aruval. However, P.W.1 held the hands of the said Perumal and P.W.1 and the said Perumal fell down on the floor. When the deceased came to rescue P.W.1, the said Perumal and his wife - Esakkiammal attacked the deceased on her head. The accused herein stabbed the deceased on her left side chest with M.O.1, knife and the deceased succumbed to the injuries and also stabbed P.W.1 on his left side abdomen. P.W.2 and P.W.3 had also seen the occurrence. P.W.5, auto driver, who dropped the accused persons, at the time of occurrence, took his auto and proceeded from the Village and P.W.1 immediately rushed to the hospital on the same date.
(ii) P.W.12, Sub Inspector of Police, after receipt of information from the hospital authorities, recorded the statements of P.W.1 (Ex.P1) and registered a case in Crime No.302 of 2001 for the offences under Section 302 and 307 IPC (Ex.P13) and forwarded the First Information Report to the Court, through P.W.10, Sub Inspector of Police and sent a copy to his Superior Officer / Investigating Officer, namely, Balasubramanian, who proceeded further investigation in this case. PW-12 accompanied the Investigating Officer. The said Investigating Officer is now no more. The Investigating Officer went to the place of occurrence and prepared observation mahazar (Ex.P2) in the presence of P.W.6 and also a rough sketch (Ex.B15) and seized bloodstained soil and sample earth from the place of occurrence and also seized a pair of Cheppal (Ex.P3) and also conducted inquest over the dead body and prepared inquest report (Ex.P16) and recorded the statement of the witnesses on 10.12.2001. Thereafter, the Investigating Officer arrested all the accused persons and recorded the confession of the first accused (Ex.P4) in the presence of P.W.7. In pursuance of the same, he recovered M.O.1 from the first accused under Ex.P7, M.O.2 from the said Perumal under Ex.P.8 and M.O.3 from the other accused, namely, Esakkiammal under Ex.P.9 and sent the accused to the Court for judicial remand and also sent the properties to the Court. P.W.8, the Medical Officer, attached to the Nagercoil Government Hospital, treated P.W.1 and found the following injuries :-
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(iii) He also issued Accident Register (Ex.P.10), which shows that injury No.1 is grievous in nature and others are simple in nature. P.W.11, Dr. Ganesan, conducted autopsy over the dead body on 09.12.2001 and issued Postmortem Certificate (Ex.P
