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HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, SUNDER MOHAN, JJ.
H. Shakir - Appellant
Versus
State by Inspector of Police, Annur Police Station, Coimbatore - Respondent
Crl. A. No. 350 of 2021
Decided On : 05-01-2024
Criminal Appeal - Conviction and Sentence - Section 302 IPC, Section 449 IPC, Section 309 IPC - The judgment discusses the evidence presented by the prosecution, including the motive, eyewitness accounts, and forensic analysis, to establish the guilt of the accused. The court also addresses the defense's plea of alibi and the relevance of examining certain witnesses. The judgment confirms the conviction and sentence of the accused under Sections 302, 449, and 309 IPC.
Fact of the Case:
The appellant, convicted and sentenced for the murder of the deceased, challenged the judgment of conviction and sentence. The prosecution presented evidence of the accused's motive, eyewitness accounts, and forensic analysis to establish the guilt of the accused. The defense raised a plea of alibi and questioned the relevance of examining certain witnesses.
Finding of the Court:
The court found the accused guilty of the offences under Sections 302, 449, and 309 IPC based on the evidence presented by the prosecution, including the motive, eyewitness accounts, and forensic analysis. The court dismissed the defense's plea of alibi and the relevance of examining certain witnesses, confirming the conviction and sentence of the accused.
Issues: The issues revolved around the establishment of the accused's guilt through evidence of motive, eyewitness accounts, and forensic analysis, as well as the relevance of the defense's plea of alibi and the examination of certain witnesses.
Ratio Decidendi: The court relied on the evidence presented by the prosecution, including the motive, eyewitness accounts, and forensic analysis, to establish the guilt of the accused. The court dismissed the defense's plea of alibi and the relevance of examining certain witnesses, confirming the conviction and sentence of the accused.
Final Decision: The Criminal Appeal was dismissed, and the judgment of conviction and sentence passed by the trial Court was confirmed. The trial Court was directed to secure the appellant and commit him to prison to undergo the remaining sentence. Bail bond, if any, executed by the appellant, was canceled.
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., praying to set aside the judgment of conviction and sentence, dated 19.09.2018, in S.C.No.169 of 2017 on the file of the I Additional District and Sessions Court, Coimbatore.)
S.S. Sundar, J.
1. The above appeal is by the appellant/sole accused challenging the judgment of conviction and sentence, dated 19.09.2018, passed by the learned I Additional District and Sessions Judge, Coimbatore, in S.C.No.169 of 2017. The appellant was convicted and sentenced by the trial Court as follows :
| Conviction | Sentence |
| Section 302 IPC | Life Imprisonment and to pay a fine of Rs.1,000/-,in default, to undergo Imprisonment for threemonths |
| Section 449 IPC | Rigorous Imprisonment for ten years and to pay afine of Rs.1,000/-, in default, to undergoImprisonment for three months |
| Section 309 IPC | Simple Imprisonment for one year |
| The sentences were ordered to run concurrently | |
2. The case of the prosecution is that the accused developed one side love towards the deceased, who is the daughter of the de facto complainant; that the deceased did not agree for the same; that the accused approached the parents of the deceased to give their daughter in marriage to him; that the deceased, as well as the parents of the deceased, did not agree, as the accused belonged to different community following different religious faith; that the accused threatened the parents of the deceased that their daughter would be done away if he cannot marry her; that the parents of the deceased arranged marriage of the deceased with one Dinesh Kumar; that the marriage engagement function was performed about two weeks prior to the incident; that the would-be husband of the deceased presented the deceased with the marriage ring; that enraged by the same, the accused, with an intention to commit murder, entered into the house of the deceased on 14.09.2016 at about 5.30 p.m., when the parents of the deceased were away to consult a local medical practitioner (country medicine) to give treatment to the father of the deceased (P.W.2), and attacked the deceased with a knife and caused multiple stab/cut injuries on the deceased; that ultimately, the deceased succumbed to the injuries on spot; that when the parents of the deceased returned home at around 7.00 p.m., they found their daughter dead in their house; that the mother of the deceased (P.W.1) saw the accused climbing over the compound wall at the backside of their house with a blood-stained knife in his hands; that the mother of the deceased (P.W.1) lodged a complaint before the respondent Police.
3. After registration of the complaint on 14.09.2016, P.W.16, the Inspector of Police (Investigating Officer) visited the spot along with the Police team and Photographer who took photographs at the scene of occurrence. P.W.16 then prepared the Observation Mahazar and Rough Sketch, marked as Exs.P8 and P19 respectively. He also prepared the Seizure Mahazar (Ex.P9) in the presence of panchayatars and arranged for the autopsy of the body of the deceased. After obtaining the postmortem report (Ex.P3), he handed over the body of the deceased to the relatives of the deceased for burial. P.W.16 received the Seizure Mahazar from the Women Head Constable who sent the blood-stained clothes for chemical analysis.
4. Thereafter, on 16.09.2016, P.W.16 visited the hospital in which the accused was taking treatment for having consumed poisonous substance (sani powder), and monitored him throughout the period of treatment and also made arrangements to get dying declaration from the accused, as the accused was, at that time, in serious condition. Thereafter, he examined the Head Constable who made arrangements for bringing sniffer dog and examined the officer who registered the FIR. Thereafter, when he found that
The judgment emphasizes the importance of establishing guilt through evidence, including motive, eyewitness accounts, and forensic analysis, and dismisses the defense's plea of alibi and the relevanc....
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The conviction for murder upheld, highlighting that circumstantial evidence and established patterns of cruelty can substantiate claims beyond reasonable doubt.
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The main legal point established in the judgment is the requirement for the prosecution to establish the guilt of the accused beyond reasonable doubt, including the presence of a clear motive and cre....
The court established that a one-sided love obsession, evidenced by eyewitness and medical testimony, suffices to support a murder conviction under applicable laws.
The court affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
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