2018 Supreme(Mad) 2657
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.T. SELVAM, N. SATHISH KUMAR, JJ.
R. Sathishkumar – Appellant
Versus
The State Rep. by Inspector of Police, Coimbatore – Respondent
Crl. A. No. 24 of 2018
Decided On : 21-03-2018
For the Appellant : Mr. Padmanabhan for Mr. S.B. Viswanathan.
For the Respondent: Ms. M. Prabhavathi.
Headnote:
Indian Penal Code, 1860 - Section 302 Cr.P.C Section 313 – Offence of Murder – Appeal - Trial Court ordered all the sentences to run concurrently and the detention period already undergone by the appellants/accused were ordered to be set off u/s 428 Cr.P.C. Aggrieved over the above conviction and sentences the present appeal came to be filed by the appellants - Deceased and Haseema developed illegal contact, which was objected by PW-1. Due to hike of rent, the deceased closed hotel and went for work in another hotel as Parotta Master. Held, It the specific case of the PW-16 that only PW-7 and Manikandan identified the accused, he effected arrest. Whereas PW-7 in his evidence stated that the police has requested him only be as a witness for recording confession. PW-7 never stated that he only identified the accused to the police. Therefore, the theory of arrest projected by the Investigating Officer creates serious doubt. The Investigating Officer did not even know the accused identity and PW-7 who said to have identified the accused also given a contra evidence, the arrest projected by the Investigating Officer creates serious suspicion. In view of serious infirmities, discrepancies and delay in First Information Report and doubtful version of the prosecution, we are of the view that the prosecution has not established the guilt of the accused beyond all reasonable doubt. Hence, we have no other option except to hold that the prosecution has failed to bring home the guilt of the accused beyond all reasonable doubt. In view of the same the appeal is liable to be allowed - Appeal is allowed.
N. SATHISH KUMAR, J.
1. Originally, the appellants/accused were convicted for the offences u/s. 364 and 302 IPC in S.C. No. 122 of 2017 on the file of the learned II Additional Sessions-cum-Special Sessions Judge for Bomb Blast Cases, Coimbatore under judgment dated 06.11.2017 and were sentenced as follows:-
Appellant/Accused
Conviction under section
Sentence Awarded
A1 & A2
364 IPC
Sentenced to undergo rigorous imprisonment for TEN YEARS each and a fine of Rs. 1,000/- each, with a default sentence of three months simple imprisonment each.
302 IPC
Sentenced to undergo imprisonment for LIFE each and a fine of Rs. 1,000/- each, with a default sentence of three months simple imprisonment each.
The Trial Court ordered all the sentences to run concurrently and the detention period already undergone by the appellants/accused were ordered to be set off u/s 428 Cr.P.C. Aggrieved over the above conviction and sentences the present appeal came to be filed by the appellants.
2. The prosecution case in nutshell is as follows:
(a) The deceased is the husband of PW-1 and brother of PW-2. They were residents of 4th Street, Saravanampatti. The deceased and his brother PW-2 were jointly running a hotel. In the same complex, one Haseema, wife of A1 was working in a furniture shop. The deceased and Haseema developed illegal contact, which was objected by PW-1. Due to hike of rent, the deceased closed hotel and went for work in another hotel as Parotta Master. When the matter stood thus, two months prior to the occurrence, while PW-1 was in her house along with her sister Banumathi, A1 came and introduced himself as husband of Haseema and warned PW-1's husband for moving with his wife and also said that if her husband will not mend his way, he will be ready to even go to jail by murdering him. At that time, PW-3 and PW-5 were also present. PW-5 informed A1 not to speak with a woman, he may discuss with the deceased. Thereafter, on 10.4.2016 while PW-1 and her husband/deceased were in their house, at about 1.15 p.m., A1 knocked the door and the same was opened by the deceased, A1 was talking with him and thereafter both of them proceeded to main road after discussing. Despite PW-1 requested to discuss in the house they went to main road. Immediately, PW-1 informed to PW-2 over phone and followed A1 and deceased. When the deceased and A1 reached 4th Street near Susoori hospital, A2 also present there, A1 removed the knife M.O.1 from his waist and stabbed the deceased on the right side back and hip. Similarly, A2 also stabbed the deceased on the back and hip. Immediately, the deceased fell down. Despite PW-1 alarmed to leave him, A1 at that time again stabbed the deceased twice on the face. Thereafter both the accused fled away from the place of occurrence in a bike.
(b) PW-2 brother of the deceased also reached the spot at the relevant point of time and witnessed both the accused stabbed the deceased. Thereafter PW-1 and 2 brought the deceased to their house. On hearing the cry of PW-1, PW-5 Ravi and one Rajkumar came there. They also tied the deceased with wet cloth after that PW-5 and Rajkumar took the deceased in their motor cycle to C.M.C. Hospital, Coimbatore. PW-1 and PW-2 followed them in an another bike. However, the deceased was declared dead in the hospital. Thereafter, police, on intimation, came to the hospital and recorded the statement of PW-1 under Ex.P.1. PW-3, a resident of the same locality, who came in a motor cycle on 10.4.2016 at about 1.30 p.m. along with one Santhoshkumar, saw the deceased going with A1 towards main road. PW-3 asked the deceased was there any problem, for which the deceased said that there was no problem. Thereafter, after hearing the cry of PW-1 they found the deceased with pool of blood. The deceased was take