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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. JAYACHANDRAN, R. POORNIMA, JJ.
State by the Deputy Superintendent of Police, Sankarankovil Sub Division - Appellant
Versus
Ponnumani - Respondent
R.T. (MD) No. 1 of 2024, Crl. Appeal (MD) Nos. 891, 926 of 2024
Decided On : 18-03-2025
| Table of Content |
|---|
| 1. charges framed against accused based on brutal murder. (Para 1 , 8 , 9 , 10) |
| 2. charges abated due to death of some accused. (Para 2 , 4) |
| 3. introduction of facts surrounding the brutal murder. (Para 5) |
| 4. insufficient evidence leads to acquittals. (Para 11 , 21 , 22 , 27) |
| 5. defense arguments highlight doubts in prosecution's claims. (Para 12 , 15 , 16 , 18 , 26) |
| 6. arguments presented by the appellants' counsel highlighting weaknesses in evidence. (Para 17 , 19) |
| 7. reliability of eyewitness testimony is questionable. (Para 30 , 31) |
| 8. convictions and sentences critiqued for lack of charges. (Para 36 , 38 , 41) |
JUDGMENT :
1. On 01/06/2012, three persons by name Kaliraj, Venugopal and Murugan who are all from Schedule Caste Community were done to death brutally. In this connection against 25 persons final report filed. Before framing of charges two of them died. For the remaining 23 accused charges under sections 120B, 302, 148 of IPC and Section 3 (v) of SC/ST (PoA) Act where framed and tried in SC No. 152/2016 by the Special Court for PCR cases at Thirunelveli.
2. Pending trial, due to the death of A-10, A-13 and A-15, the charges against them got abated.
3. The Learned II Additional District and Sessions Judge (PCR), Thirunelveli in his judgement dated 26th September, 2024 held the charges against A-11 to A-21 not proved beyond doubt and acquitted them. In respect of remaining accused, held:
A-1, A-4, A-6 and A-9 are guilty of offences u/s 302 r/w 149 (3 counts) each, 120B r/w 302 r/w 149, 148, 341 IPC and Section 3 (v) of SC/ST (PoA) Act.
A-2, A-3, A-5, A-7, and A-8 are guilty of offences u/s 302 r/w 149 (3 counts) each, 148, 341 IPC and Section 3 (v) of SC/ST (PoA) Act.
A-22 and A-23 are guilty of offences 120 B r/w 149IPC and Section 3 (v) of SC/ST (PoA) Act.
The sentence imposed on A-1 Ponnumani: -
| Section 302 r/w 149 IPC (3 counts) | Hanging till death. Fine of Rs 1 lakh, in default 3 years Rigorous Imprisonment. |
| Section 120 B r/w 302 r/w 149 IPC | Life Imprisonment. Fine of Rs 10000/- in default 3 years Rigorous Imprisonment. |
| Section 148 IPC. | 3 years Rigorous Imprisonment. Fine Rs 5000/- in default 6 months RI. |
| Section 341 IPC. | One Month Simple Imprisonment. |
| Section 3 (2)(v) of SC/ST (PoA) Act. | Life Imprisonment. Fine Rs 10,000/- . In default 3 years Rigorous Imprisonment. |
The sentence imposed on A-3 Gurusamy: -
| Section 302 r/w 149 IPC (3 counts) | Hanging till death. Fine of Rs 1 lakh, in default 3 years Rigorous Imprisonment. |
| Section 148 IPC. | 3 years Rigorous Imprisonment. Fine Rs 5000/- in default 6 months RI. |
| Section 341 IPC. | One Month Simple Imprisonment. |
| Section 3 (2)(v) of SC/ST (PoA) Act. | Life Imprisonment. Fine Rs 10,000/- . In default 3 years Rigorous Imprisonment. |
The sentence imposed on A-6 Kaliraj @ Thangaraj:-
| Section 302 r/w 149 IPC (3 counts) | Hanging till death. Fine of Rs 1 lakh, in default 3 years Rigorous Imprisonment. |
| Section 120 B r/w 302 r/w 149 IPC | Life Imprisonment. Fine of Rs 10000/- in default 3 years Rigorous Imprisonment. |
| Section 148 IPC | 3 years Rigorous Imprisonment. Fine Rs 5000/- in default 6 months RI. |
| Section 341 IPC | One Month Simple Imprisonment. |
| Section 3 (2)(v) of SC/ST (PoA) Act | Life Imprisonment. Fine Rs 10,000/- . In default 3 years Rigorous Imprisonment. |
The sentence imposed on A-9 Muthukrishnan:-
| Section 302 r/w 149 IPC (3 counts) | Hanging till death. Fine of Rs 1 lakh, in default 3 years Rigorous Imprisonment. |
| Section 120 B r/w 302 r/w 149 IPC | Life Imprisonment. Fine of Rs 10000/- in default 3 years Rigorous Imprisonment. |
| Section 148 IPC. | 3 years Rigorous Imprisonment. Fine Rs 5000/- in default 6 months RI. |
| Section 341 IPC. | One Month Simple Imprisonment. |
| Section 3 (2)(v) of SC/ST (PoA) Act. | Life Imprisonment. Fine Rs 10,000/- . In default 3 years Rigorous Imprisonment. |
4. The trial court imposed Capital punishment to accused A-1, A-3 , A-6 and A-9 subject to confirmation by the High Court. Order hanging by neck till their death after completion of sentences imposed for other offences. The fine amount imposed ordered to b
Lack of sufficient evidence to prove communal motive and unreliable witness testimonies led to modification of death sentences to life imprisonment.
Membership in an unlawful assembly incurs liability for crimes committed in furtherance of a common object, regardless of specific overt acts attributed to each member.
The prosecution's failure to establish reliable eyewitness identification and conspiratorial actions led to the acquittal of all appellants due to reasonable doubt.
Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.
The conviction based on unreliable witness testimony and unproven motive and conspiracy led to the overturning of the judgment, highlighting the necessity for credible evidence in criminal cases.
The prosecution must establish a clear connection to the crime through corroborated evidence; failure to do so leads to acquittal of the accused.
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