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2021 Supreme(Mad) 2551
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. Prakash, R. Hemalatha, JJ.
Murugan – Appellant
Versus
State rep by its the Inspector of Police, Kottur Police Station, Coimbatore – Respondent
Crl.A. No. 434 of 2018
Decided On : 26-11-2021
Advocate Appeared:
For the Appellant :T. Muruganantham, Advocate.
For the Respondent: M. Babu Muthumeeran, Additional Public Prosecutor.
Headnote:
Indian Penal Code, 1860 - Sections 342, 449, 302(2 counts) and 392 (2 counts), 376(1) & 201 – Criminal Procedure Code, 1973 - Section 374 (2) – Offence of Murder – Rape – Charged - Prosecution case is a spine chilling tale of two murders and one rape - Both mother and daughter were murdered and daughter was raped before murder while mother was mutilated with both her ears cut and thrown aside - Prosecution version is that victims, mother and her daughter were working in Poultry farm - Family consisted of father and both deceased and they were living in the house allotted to them in poultry farm campus itself - P.W.2, along with two deceased were employed in farm and engaged in feeding chicken and cleaning up farm – Held, With a very limited number of suspect and taking into consideration tiff accused had with deceased and finally his DNA getting matched with seminal stain on the chudidhar bottom of deceased conclusively make him guilty of this gruesome double murder - After the advent of DNA test and the acceptance of same by incorporation of Section 53A of Criminal Procedure Code with effect, it has become necessary for the prosecution to go in for a DNA test Judged on parameters, court are of unhesitant opinion that evidence adduced by prosecution constituting circumstantial evidence coupled with scientific evidence in the form of DNA typing in support of charge does furnish an unassailable basis to hold the appellant guilty of the charges for which he was convicted - Criminal Appeal is dismissed.
JUDGMENT :
R. Hemalatha, J.
(Prayer: Criminal Appeal filed under Section 374 (2) of Criminal Procedure Code, 1973 to set aside the judgment passed in S.C.No.148/2009 on the file of Sessions Court, Magalir Needhimandram (Mahila Court), Coimbatore, dated 20.12.2012.)
1. The Criminal Appeal is against the conviction and sentence passed by the learned Mahila Court, Coimbatore, in S.C. No.148 of 2019 on 20.12.2012. The accused was convicted for the offences punishable under Sections 342, 449, 302(2 counts) and 392 (2 counts), 376(1) & 201 IPC and sentenced as under:
| S.No. | Conviction | Sentence |
| 1. | U/s. 342 IPC | 6 months Rigorous Imprisonment and a fine of Rs.500/- in default, Rigorous Imprisonment for one month. |
| 2. | U/s. 449 IPC | Rigorous Imprisonment for 7 years and a fine of Rs.1,000/- in default, Rigorous Imprisonment for six months. |
| 3. | U/s. 302 (2counts) IPC | Life Imprisonment on each count and a fine of Rs.2,000/- for each count in default, Rigorous Imprisonment for six months for each count. |
| 4. | U/s. 392 (2 counts) IPC | 10 years Rigorous Imprisonment for each count and a find of Rs.2,000/- on each count in default, Rigorous Imprisonment for six months. |
| 5. | U/s.376 (1) IPC | Life Imprisonment and a fine of Rs.2,000/- in default, Rigorous Imprisonment for six months. |
| 6. | U/s. 201 IPC | 7 years Rigorous Imprisonment and a fine of Rs.1,000/- in default, Rigorous Imprisonment for one month. |
2. The prosecution case is a spine chilling tale of two murders and one rape. Both the mother and the daughter were murdered in the wee hours of 05.07.2008 and the daughter was raped before the murder while the mother was mutilated with both her ears cut and thrown aside.
3. The prosecution version is that the victims, mother Meenatchi, aged 35 years, and her daughter, Selvi, aged 18 years, were working in Sakthi Thai Poultry farm, Anamalai, Coimbatore District. The family consisted of father (P.W.2), son (P.W.3) and both the deceased and they were living in the house allotted to them in the poultry farm campus itself. P.W.2, Murugan, along with the two deceased were employed in the farm and engaged in feeding chicken and cleaning up the farm. Their duty used to commence as early as 4.00A.M - 4.30 A.M., daily and on the fateful day of 5th July 2008, the mother was found murdered in a ruthless manner with both her ears cut and her jewellery were found missing. The daughter Selvi was also physically attacked and dragged to a near by place in the farm and was raped before being strangulated using her dupatta. The body of the daughter Selvi was found in a pit near a coconut tree in a nude state with both her hands tied up behind her back. One Kaliyugavaradhan (P.W.5) who lived in the third house from that of the P.W.2 Murugan did not go for duty that day, while Murugan (P.W.2) along with Muniyappan (not examined) and Chinnadurai (P.W.6) had left to feed the poultry birds as usual at 4.00 A.M. The said Kaliyugavaradhan (P.W.5) who stayed back at home heard the screams of both the victims but could not come out as his door was locked from outside and the noise made by the birds in the farm was so loud that nothing was audible. However, when the men who went to feed the birds came out of the first shed and were about to enter the second shed, P.W.5 was able to inform them through the window after which his door also was opened. All of them rushed to P.W.2’s residence only to find Meenatchi lying in a pool of blood with both her ears cut. A vegetable cutter and a blood stained sledge-hammer were also found. Muniyappan informed the Manager Anguraj, (P.W.1) and the supervisor Elangovan (P.W.7), who rushed to the spot. P.W.1 and P.W.2 went to Anamalai Police Station and P.W.1 gave a police complaint (Ex.P1). FIR in Crime No.274 of 2008 of Anamalai Police Station was registered by Somanatha
