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2018 Supreme(Mad) 3942
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. Prakash, J.
Govindaraj – Appellant
Versus
State Represented by the Inspector of Police, Dharmapuri – Respondent
Crl.A. No. 157 of 2014
Decided On : 13-11-2018
For the Appellant :C.R. Malarvannan, Advocate.
For the Respondent:P. Kritika Kamal, Govt. Advocate.
Conviction based on circumstantial evidence and the burden of proof under Section 106 of the Evidence Act.
Headnote:
Criminal Appeal - Conviction based on circumstantial evidence - Section 302 IPC, Section 304(i) IPC - [AIR 1960 SC 29, Vinoth Kumar vs. State of Punjab, 2015(1) MLJ (Crl.) 288] - The court discussed the circumstantial evidence and the burden of proof under Section 106 of the Evidence Act. The court also considered the last seen theory and the evidence of witnesses. The sentence was reduced from 7 years Rigorous Imprisonment to 5 years Rigorous Imprisonment.
Fact of the Case:
Vijayalakshmi was found dead in her house, and the appellant was convicted for the offence under Section 304(i) IPC based on circumstantial evidence.
Finding of the Court:
The court confirmed the conviction based on circumstantial evidence and reduced the sentence from 7 years to 5 years Rigorous Imprisonment.
Issues: Conviction based on circumstantial evidence, burden of proof under Section 106 of the Evidence Act, last seen theory, and witness testimony.
Ratio Decidendi: The court emphasized the need for circumstantial evidence to be conclusive and consistent with the guilt of the accused. It also highlighted the importance of considering the burden of proof under Section 106 of the Evidence Act and the last seen theory.
Final Decision: The conviction was confirmed, and the sentence was reduced from 7 years to 5 years Rigorous Imprisonment.
1. This Criminal Appeal has been preferred against the judgment of conviction dated 13.02.2014 passed in S.C.No.116 of 2012 by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Dharmapuri.
2. On Sunday, 11.07.2010, around 9.00 p.m., Vijayalakshmi was found dead in her house and on the written complaint [Ex.P.1] lodged by her brother Ganesan [P.W.1], Jaganathan [P.W.11], Special Sub-Inspector of Police, registered a case in Cr.No.1095 of 2010 on 11.07.2010 at 23.00 hrs under Section 302 IPC against the appellant and prepared the printed FIR [Ex.P.7]. The complaint [Ex.P.1] and the printed FIR [Ex.P.7] reached the jurisdictional Magistrate at 12.30 midnight on the same day, as could be seen from the endorsement thereon. Investigation of the case was taken over by Jaganathan [P.W.12] (incidentally P.W.11 and P.W.12 bear the same name) and went to the place of occurrence at 1.30 a.m. on 12.07.2010 and prepared the Observation Mahazar [Ex.P.2] in the presence of two witnesses, viz., S.Perumal [P.W.4] and one Manickam [Not Examined]. He also prepared a Rough Sketch [Ex.P.8]. In the presence of panchayatdars, he conducted inquest over the body of the deceased and prepared the Inquest Report [Ex.P.9]. Thereafter, he dispatched the body through Gokulan [P.W.9] Head Constable, to the Government Hospital, Dharmapuri for post-mortem. There, Dr.Siva [P.W.6] conducted autopsy and sent the viscera and hyoid bone to the Tamil Nadu Forensic Science Laboratory for report. After receiving the reports, viz. Exs.P.5 and P.6, he issued the Post-mortem Certificate [Ex.P.4], wherein, he has noted the following:
"Appearances found at the post-mortem : A body of female lying on its back. Arms by the side. Eyes and mouth closed. RM present in all four limbs.
8
8
Teeth
8
8
External Injuries
(1) A black colored rope mark around the neck about 34 cm x 0.5 cm size left lateral and posterior aspect of neck
(2) 10 x 10 cm contusion over right parietal frontal region
(3) 4 x 1 cm abrasion over left lower jaw
(4) 5 x 2 cm contusion over right wrist region
(5) 5 x 2 cm contusion over suprasternal region
Internal Examination:
Hyoid Bone: Left side arm fractured. Trachea - Haematoma present 2nd, 3rd, 4th tracheal rings fractured. Both ribs-normal. Heart-chambers empty, congested. Both lungs congested. Stomach contains 100 gm of partially digested rice particles. Liver, Spleen, kidneys normal in size, congested. Uterus - empty normal size. Urinary bladder empty. Skull-Haematoma present over right temporal parietal, occipital region (subgaleal). Vaults normal. Meninges in tact. Brain diffuse. Blood clot present in tempero parietal region.
The following viscera are preserved for chemical analysis. (1) Liver (2) Kidney (3) Stomach intestine with contusion (4) Hyoid bone with rope mark skin...
Opinion : The deceased would appear to have been died at about 12-16 hours prior to autopsy. Cause of death reserved pending for chemical analysis report."
In his evidence as well in the Post-mortem Certificate, he has given the following final opinion:
"Final opinion: The deceased would appear to have died at about 12 to 16 hours prior to autopsy. Cause of death due to asphyxia due to strangulation."
3. After autopsy, the body was handed over to the relatives of Gokulan [P.W.9] Head Constable, for disposal, in accordance with their custom. Investigation was continued by Jaganathan [P.W.12] who arrested the appellant on 12.07.2010 in the presence of Chinnasamy [P.W.5] and Muthu [Not Examined] and recorded his confession statement. There was no recovery pursuant to the confession. The appellant was produced before the jurisdictional Magistrate for judicial custody. After examining various witnesses, including the Post-mortem Doctor and others, Jaganathan [P.W.12] laid the final report on 03.02.2011 before t
