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2019 Supreme(Mad) 2042
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.K. TAHILRAMANI, G.R. SWAMINATHAN, JJ.
Sathiyamoorthy & Ors. - Appellants
Versus
State, through the Inspector of Police, Sengipatti Police Station, Thanjavur - Respondent
CRL.A.[MD] No.75 of 2017
Decided On : 05-04-2019
For the Appellants : Mr. M. Karunanithi.
For the Respondent: Mr. S. Chandrasekar, Additional Public Prosecutor.
Headnote:
Code of Criminal Procedure - Section 374 – Indian Penal Code – undergo rigorous imprisonment – Offence of Murder - Injury - Trial Court - appellants are Van Drivers. Deceased - Immanuel was also a Van Driver. There was an enmity between the appellants and Immanuel in relation to hiring of van for lesser amount, hence, on the night of 04.09.2015, at about 10.30 p.m., both the appellants caused the death of Immanuel by assaulting him with wooden brush, which was used to clean the van. In the early morning saw Immanuel lying near the van stand. He was under the impression that Immanuel was lying there under the influence of alcohol, hence, he informed to inform this fact at the house of Immanuel who was the father of Immanuel, was informed that Immanuel was lying near the van stand, hence, he proceeded to the spot and found that his son was lying dead, hence, he lodged the complaint [EX-P1] and it was registered – Held, Supreme Court in (supra) has observed that motive alone can hardly be a ground for conviction. In the absence of any other circumstantial evidence, motive would not be sufficient to convict an accused. From the material on record, there may arise some suspicion against the accused, but suspicion, however strong, cannot take the place of proof. Observing thus, the Supreme Court reversed the conviction - Law is well settled with regard to the fact that however strong the suspicion may be, it cannot take the place of proof. Strong suspicion, coincidence, grave doubt cannot take the place of proof. Always a duty is cast upon the Courts to ensure that suspicion does not take place of the legal proof - This case is based only on circumstantial evidence. In a case of circumstantial evidence, there must be a chain of evidence so complete as not to leave any reasonable ground for conclusion consistent with innocence of accused and must show that in all human probability, the act must have been done by the accused. On evaluating the evidence, we found many missing links in the chain of circumstances and thus, it cannot be said that the prosecution has proved its case, against the appellants, beyond reasonable doubt - To the same effect is the decision of this Court in Singh v. State through CBI v. State of Karnataka, AIR 2011 SC 1585 where this Court held that motive alone in the absence of any other circumstantial evidence would not be sufficient to convict the appellant. Reference may also be made to the decision of this Court in Union Territory, Chandigarh - This Court explained the legal position as follows - Thus, the only evidence which remains against the appellants is that of motive. PW-1 - Gnanaraj, who is the father of Immanuel, has deposed about the motive. He has stated that his son was plying van and the appellants were also plying van. There was a business competition between his son and the appellants. As his son was running his van for minimal rent, there was a rivalry between his son and the appellants. Thus, on going through the evidence, it is seen that the only reliable material brought on record by the prosecution is motive. - Appeal is allowed
JUDGMENT :
V.K. TAHILRAMANI, J.
PRAYER: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment dated 23.02.2017 made in S.C.No.122 of 2016, on the file of the learned Principal Sessions Judge, Thanjavur.
This appeal is directed by the appellants - original accused against the Judgment and order dated 23rd February 2017 passed by the learned Principal Sessions Judge, Thanjavur in Sessions Case No. 122 of 2016. By the said Judgment and order, the learned Principal Sessions Judge convicted the appellants under Section 302 IPC for causing death of Immanuel. For the said offence, the learned Principal Sessions Judge sentenced both the appellants to undergo life imprisonment and to pay a fine of Rs.5,000/-, each, in default to undergo rigorous imprisonment for a further period of one year.
2. The case of the prosecution, briefly stated, is as under:-
2.1. The appellants are Van Drivers. Deceased - Immanuel was also a Van Driver. There was an enmity between the appellants and Immanuel in relation to hiring of van for lesser amount, hence, on the night of 04.09.2015, at about 10.30 p.m., both the appellants caused the death of Immanuel by assaulting him with wooden brush, which was used to clean the van. In the early morning of 05.09.2015, PW-7 - Periyasamy saw Immanuel lying near the van stand. He was under the impression that Immanuel was lying there under the influence of alcohol, hence, he informed PW-9 - Sankilimuthu to inform this fact at the house of Immanuel. PW-1 - Gnanaraj, who was the father of Immanuel, was informed that Immanuel was lying near the van stand, hence, he proceeded to the spot and found that his son was lying dead, hence, he lodged the complaint [EX-P1] and it was registered, which is at EX-P9. Thereafter, the investigation commenced. The dead body of Immanuel was sent for postmortem.
2.2. PW-23 - Dr. Tamilmani conducted postmortem on the dead body of Immanuel and found the following injuries:-
"1. Laceration of size 3 X 2 X 1 cm seen over right ear lobe.
2. Contusion seen on the following areas:-
- oblique contusion of size 28 X 1 cm over right side of chest,
- 3 X 1 cm over right shoulder, 3 X 1 cm right forearm, 19 X 7 cm over left thigh.
3. Diffuse contusion noted over both eyes;
4. Abrasion seen on the following areas:
- 10 X 8 cm over right side of face, 3 X 1 cm over front of left thigh,
- 3 X 2 cm over left side of abdomen,
- 16 X 15 cm over outer aspect of left side of abdomen,
- 7 X 5 cm over back of middle of chest, 17 X 6 cm over back of right side of chest.
5. Abraded contusion of size 11 X 9 cm over left side of abdomen.
According to the doctor, deceased - Immanuel might have died of multiple injuries caused to vital organs and failure of the same.
2.3. During the course of investigation, both the appellants came to be arrested. After completion of the investigation, charge sheet came to be filed. In due course, the case was committed to the Court of Session.
3. Charge came to be framed against both the appellants, under Section 302 of the Indian Penal Code. The appellants pleaded not guilty to the said charge and claimed to be tried. Their defence is of total denial and false implication. To support its case, the prosecution examined PW-1 to PW-25 and marked EX-P1 to EX-P20 and nine material objects. After going through the evidence adduced in this case, the learned Principal Sessions Judge, Thanjavur, convicted and sentenced the appellants, as stated in paragraph No.1, above, hence, this appeal.
4. We have heard the learned counsel for the appellants and the learned Additional Public Prosecutor for the State. After giving anxious consideration to the facts and circumstances of the case, the arguments advanced by the learned counsel for the appellants and the learned Additional Public Prosecutor for the State, the evidence on record and the judgment delivered by the learned Principal Sessions Judge, for the reasons stated hereinbelow, we are of the opinion that the prosecution
