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2025 Supreme(Mad) 3205
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. Jayachandran, R.Poornima, JJ.
Venkatesan – Appellant
Versus
State rep. through The Inspector of Police - Respondent
Crl.A(MD)No.69 of 2023 and Crl.M.P(MD)No.1902 of 2025
Decided On : 10-03-2025
Advocate Appeared:
For the Appellant : Mr.V.Kathirvelu Senior Counsel for Mr.K.Prabhu
For the Respondent: Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor
In cases of circumstantial evidence, the prosecution must establish each link beyond reasonable doubt, and the absence of reasonable doubt leads to conviction.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 498-A - Conviction for double murder and cruelty - The appellant was convicted for the murder of his wife and child, with sentences including life imprisonment and fines - The court found sufficient evidence of cruelty and murder based on witness testimonies and forensic evidence. (Paras 1-12)
(B) Circumstantial Evidence - The court emphasized that in cases of circumstantial evidence, the prosecution must prove each link in the chain beyond reasonable doubt - The trial court's findings were upheld as the evidence presented formed a complete chain leading to the appellant's guilt. (Paras 10-11)
Facts of the case:
The appellant was accused of murdering his wife and infant daughter following a history of domestic violence and suspicion regarding paternity. The bodies were discovered on 06.07.2015, and the appellant was arrested on 20.07.2015 after a confession led to the recovery of the murder weapon.
Findings of Court:
The trial court found the evidence from multiple witnesses and forensic reports sufficient to establish the appellant's guilt beyond reasonable doubt.
Issues: The main issues included the sufficiency of evidence, the credibility of witness testimonies, and the burden of proof in circumstantial cases.
Ratio Decidendi: The court ruled that the prosecution had established a complete chain of circumstantial evidence linking the appellant to the crime, affirming the trial court's conviction.
Result: The appeal was dismissed, and the conviction was upheld.
JUDGMENT :
G.JAYACHANDRAN, R.POORNIMA, JJ.
The appellant/Venkatesan is the sole accused in S.C.No.686 of 2016 (on the file of Learned Mahila Judge, Tirunelveli). The Court below on appreciation of evidence placed by the prosecution, convicted the appellant for offences punishable under Section 498-A IPC and 302 (two counts) IPC .
2. The sentence imposed for the above offences are:-
| Section 498A IPC | 2 years RI and Fine Rs 5000/- | In default, 2 months SI. |
| Section 302 IPC (2 counts) | Life imprisonment and fine of Rs.10,000/- | each. In default, 4 months SI. |
Facts of the case:
3.1. On 30.04.2014, Venkatesan (Accused) and Esakkiammal (deceased) got married and they both were living in Thalavaipuram along with the parents of the Accused. On 26.01.2015 a female child Divya (deceased) born to them. The accused suspected the paternity of the child and used to quarrel with his wife. On 05.07.2015, Essakiammal called her mother Sudalaivadivu (PW-1) at about 9.30 p.m and told that her husband is suspecting her and frequently beating her. PW-1 also heard the deceased shouting. Next day morning at about 6.00 am. Kaliyan, the father of the accused called PW-1 and informed that Venkatesan killed his wife Esakkiammal and the child Divya.
3.2. On hearing the news, PW-1 went to Thalavaipuram from Kalakadu and saw the body of Essakiammal badly injured all over her body and the child Divya. PW-1 went to the Police Station and gave written complaint (Ex.P-1) to the Anthony Savarimuthu-Sub Inspector of Police (PW-23), who registered FIR at 10.30 a.m and forwarded a copy to the Judicial Magistrate. The Inspector of Police Sankareswaran (PW-24) took up the investigation. Went to the scene of crime and prepared observation mahazar (Ex.P-3), sketch (Ex.P-25) and the Inquest (Ex.P-26). He sent the body of Essakiammal and baby Divya for autopsy through Police Constable with request and obtained the respective post mortem from doctors concern. On 20.07.2015, the accused was arrested near Thalavaipuram Aavin Milk Bus Stop. On his voluntary confession in the presence of VAO-Perachiselvi (PW.11) and Village Assistant Madasamy, the knife used in the crime, two wheeler and the blood stained dresses were recovered under Mahazar from a bush near Thalavaipuram, Aavin plant. The blood stained materials were sent for serology test and found it contain human blood Group-A.
3.3. The prosecution totally relied on 24 witnesses. Marked 28 exhibits and 15 material objects.
3.4. The trial Court relied the evidence of PW-1, PW-2 and PW-8 who are the mother, sister and father of the deceased Essakiammal respectively, to hold that the deceased Essakiammal was facing cruelty at the hands of the accused. The photographs marked as Ex.P-19 series and CD marked as M.O-14 through PW-19 prove the homicidal violence on the victims. The death of Essakiammal due to haemorrhage caused by multiple injuries and the death of the child Divya by drowning held to be proved through the post-mortem reports Ex.P-26 and Ex.P-27.
3.5. The accused was living along with his wife and 6 months old daughter in the same house. His explanation that he along with his parents went to Thiruchendur on the fateful night and came to know about the incident on the next day from one Madasamy, not supported by probable evidence. The minor contradictions and doubt about the time of death, arrest and recovery were held by the trial Court as not fatal to the prosecution, in view of the reliable evidence of PW-1, PW-2, PW-7, PW-8 and uncontroverted evidence of PW-11.
4. Being aggrieved by the judgment of conviction and sentence, the appeal is filed on the following grounds:-
a) According to the prosecution, the occurrence happened on 06.07.2015 before 6.00 am. It was reported to the police by PW-1 at 10.30 am. The FIR reached the Judicial Magistrate only at 3.00 p.m with delay of four and half hours. The unexplained delay is fatal to the prosecution.
b) It is admitted by the prosecution witnesses that the service of the sniffer dog was en
