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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.K. Tahilramani, N. Anand Venkatesh, JJ.
Ramar – Appellant
Vs.
State – Respondent
Criminal Appeal No. 240 of 2017, Criminal Miscellaneous Petition No. 6148 of 2017
Decided On : 22-10-2018
Section 302 - Murder - IPC - [Section 302 of IPC] - The court discussed the evidence and materials available on record and concluded that the death of the deceased was caused by the appellant. The court relied on the postmortem certificate and the expert opinion to establish the nature of injuries and the weapon used. The court also invoked Section 106 of the Indian Evidence Act, shifting the burden of proof to the appellant to explain the injuries, which he failed to do. The judgment emphasizes the importance of expert opinion and the burden of proof in establishing guilt beyond reasonable doubt.
Fact of the Case:
The appellant was convicted for an offence under Section 302 of IPC for the murder of his wife. The prosecution presented evidence of the injuries sustained by the deceased and the appellant's presence at the scene of occurrence. The appellant failed to provide a satisfactory explanation for the injuries.
Finding of the Court:
The court found the appellant guilty of the offence under Section 302 of IPC based on the evidence of injuries, the appellant's presence at the scene of occurrence, and the failure to provide a satisfactory explanation for the injuries.
Issues: The key issues revolved around the nature of injuries sustained by the deceased, the appellant's presence at the scene of occurrence, and the burden of proof in explaining the injuries.
Ratio Decidendi: The court invoked Section 106 of the Indian Evidence Act, shifting the burden of proof to the appellant to explain the injuries, which he failed to do. The court also emphasized the importance of expert opinion in establishing the nature of injuries and the weapon used.
Final Decision: The appeal was dismissed, and the appellant was directed to suffer the life imprisonment imposed by the Court below.
N.Anand Venkatesh, J.
The first accused, who was convicted by the learned IV Additional District and Sessions Court, Madurai, by judgment dated 29.02.2016, for an offence under Section 302 of IPC and sentenced to undergo a life imprisonment and to pay a fine amount of Rs. 2,000/-, in default to undergo three months simple imprisonment, has preferred this appeal.
2. The case of the prosecution is that there was a dispute between the appellant and the deceased wife and there was a brief separation. On a compromise held by the elders of the family, the deceased wife rejoined the appellant. Even thereafter the dispute continued and therefore, the deceased wife had given a complaint against the accused persons before the All Women Police Station, Tirumangalam, on 23.08.2012. PW.1 is said to have gone to the house of the appellant and warned him. Enraged by the same, the appellant, his father (A-2) and his mother (A-3) had entered into a criminal conspiracy to murder the deceased wife, namely, Alagupillai @ Uma. This criminal conspiracy is said to have happened on 24.08.2013. The next day on 25.08.2013, at about 9.30am, the appellant with an intention to murder the said Alagupillai @ Uma attacked her with vegetable cutter (Aruvamanai) and caused the cut injuries on the back side of the head of the deceased and had also hit the deceased person with iron rod on both sides of the cheeks and also strangulated the deceased. As a result of the same, the said Alagupillai @ Uma - wife of the appellant died on the same day.
3. Pw.1, who is the brother of the deceased gave a complaint (ExP.1) to the respondent Police and the respondent Police registered an FIR in Crime No.181 of 2013(ExP.17) for an offence under Section 302 of IPC. PW.15 conducted investigation and took statements from witnesses and also prepared observation mahazar and rough sketch (ExP.18 and ExP.19) in the presence of the witnesses and also recovered the bloodstained earth and sample earth (MO.3 and MO.4) in the presence of the witnesses and prepared an inquest report, marked as ExP.21. Thereafter, the body was sent for postmortem and the postmortem was conducted by PW.12 and the Postmortem Certificate was marked as ExP.14. Subsequently, the accused person was arrested on 26.08.2013 at about 2.00pm and on the basis of the voluntary confession statement recorded in the presence of the witnesses, Investigating Officer recovered the bloodstained clothes, marked as MO.1 and MO.2 and also seized the weapons used at the time of committing the crime, which were marked as MO.5 and MO.6, apart from other material objects. After completion of the investigation, a final report was filed by the respondent Police before the concerned Magistrate Court.
4. On committal of the case before the Sessions Court, the Court below has framed charges against three accused persons for an offence under Sections 120(B) and 302 r/w 34 of IPC.
5. The prosecution examined PW.1 to PW.15 and marked ExP.1 to ExP.29 and also MO.1 to MO.10, in order to substantiate its case.
6. On completion of the trial, the incriminating materials and the evidence against the accused persons were put to them under Section 313 of CrPC and the accused persons denied them as false.
7. The Court below, on considering the oral and documentary evidence and also the facts and circumstances of the case, convicted the appellant for an offence under Section 302 of IPC and acquitted him for the offence under Section 120(B) of IPC. Insofar as A-2 and A-3 are concerned, they were acquitted of all charges. Aggrieved by the same, A-1 has preferred the present appeal before this Court.
8. The learned Counsel for the appellant would submit that PW.1, the brother of the deceased, PW.2 the father of the deceased and PW.9 the mother of the deceased have turned hostile and did not support the case of the prosecution. The learned Counsel would further submit that PW.3, PW.4 and PW.5 who are the local residents, examined by the prosecution also
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