Statements recorded under Section 164 Cr.P.C. are not substantive evidence and cannot be used as a basis for conviction. Mere matching of blood groups is not sufficient to establish culpability, especially when the recovery of evidence is questionable.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. to set aside the judgment of the Additional District and Sessions Judge, Fast Track Court, Vellore made in S.C.No.90 of 2017 dated 11.9.2018 and acquit the appellant/single accused from the charges.)

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

1. The Appeal has been filed seeking to set aside the order dated 11.9.2018 passed by the Additional District and Sessions Judge, Fast Track Court, Vellore made in S.C.No.90 of 2017.

2. The appellant stands convicted and sentenced as under:-

Legal Provision

Sentence

302 IPC

Life imprisonment with fine of Rs.2000/- in default to undergo rigorous imprisonment for another period of one year

352 IPC

Simple imprisonment for 3 months.

3. Brief facts of the prosecution case:-

i) A complaint, Ex.P1 came to be filed by one Poongodi (PW1) of Valathur in Kanchipuram Taluk, the crux of which is as under:-

She is the niece of one Chinnaponnu (the deceased). The said Chinnaponnu (the deceased) was living with the appellant/accused for about two years at Thiruparkuttai and she had no issues. PW1 came to know from her aunt (the deceased) that the appellant/accused was already a married man having three girl children. She further came to know that two daughters of the appellant had once visited the house of the deceased and thereafter, the appellant/accused had started demanding the deceased to transfer the said house property in the name of his daughters born through his first wife to which, she had refused and thereupon, the appellant/accused, having developed doubt on the conduct of the deceased, used to pick up frequent quarrel with her and beat her. On such issue, the deceased had lodged a complaint with All Women Police Station and the dispute between the parties was settled by the police by way of compromise, however, on 20.9.2010, when the deceased was sitting in front of her house and PW1 was sitting on the road near the house of one Santhi, which is located opposite to the house of the deceased, the appellant had come to the spot and picked up quarrel with the deceased saying that the house belongs to his wife and children and therefore, the deceased should go out of that house, to which, the deceased had refuted and thereupon, the appellant, picked up a wooden log which was lying in the nearby place and gave a blow on the head of the deceased. PW1 and the deceased raised alarm. When PW1 tried to prevent the appellant, she was pushed down by the appellant. Again they raised alarm seeking help. One Munusamy and Murugesan, viz., P.Ws.2 and 3, who were near the spot, had come to their rescue, however, the appellant, had picked up a small knife, which, he was hiding in his waist, and inflicted a lacerated injury on the neck of the deceased. The deceased fell down near the lamp post. The appellant/accused ran away from the spot. The injured was taken to C.M.C. Hospital, Vellore in an ambulance, where, she succumbed to the injuries after some time.

ii) On receipt of the complaint, Ex.P1, the Sub Inspector of Police, Thiruvalam Police Station (PW14) had registered the same in Crime No.272 of 2010 for the offence punishable under Section 302 IPC and sent the FIR, Ex.P15 to the Judicial Magistrate.

iii) The Circle Inspector of Katpadi (PW18), who took up the investigation on receipt of telephonic call by the Sub Inspector of Police (PW14) on 21.9.2010, had visited the scene of occurrence and prepared observation mahazar, Ex.P2 and rough sketch, Ex.P21 in the presence of witnesses Sadagopan (PW4) and one Paulraj. Thereafter, he had arranged for taking photographs of the scene of occurrence by the photographer John @ Sambamoorthy (PW12). The photographs and the CD containing compilation of the photographs have been marked as M.Os.1 and 2.

iv) Thereafter, PW18 had collected blood stains and sample earth from the scene of occurrence in the presence of the witnesses Sadagopan and Paulraj under seizure mahazar. The signature of the