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2025 Supreme(Mad) 4156

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ.
Sasikumar - Appellant 
Versus 
The State rep. by The Inspector of Police - Respondent 
Crl.A(MD)No.353 of 2021
Decided on : 27-01-2025

Advocates:
Advocate Appeared:
For the Appellant : Mr.A.Puranthara Dhasar, Legal Aid Counsel
For the Respondent: Mr.T.Senthil Kumar, Additional Public Prosecutor

The conviction was affirmed based on consistent eyewitness accounts and forensic evidence, notwithstanding minor inconsistencies.

Headnote:(A) Indian Penal Code, Section 302 - Conviction for murder - Appellant convicted and sentenced to life imprisonment and a fine of Rs.15,000/-; the appellant was found guilty based on eyewitness testimony and forensic evidence. (Paras 1, 12, 27)

(B) Evidence - Eyewitness reliability - Witness statements corroborated the prosecution case despite minor inconsistencies. (Paras 16, 18)

(C) Prosecution case proven - The occurrence was established beyond a reasonable doubt with relevant evidence presented. (Paras 12, 27)

Facts of the case:
The appellant, a husband to the deceased, was convicted for murdering his wife following a quarrel. The incident was witnessed by family members, and evidence was corroborated by medical findings. (Paras 2, 12)

Findings of Court:
The trial court convicted the accused based on consistent witness testimony and forensic evidence linking the accused to the crime. (Paras 27, 28)

Issues: The primary issues included the reliability of eyewitness accounts, proof of the time of death, and evidence of motive. (Paras 12, 25)

Ratio Decidendi: The court upheld that eyewitness accounts are valid despite familial ties, and minor contradictions do not undermine the prosecution's case when substantial evidence supports guilt. (Paras 18, 27)

Result: Criminal appeal dismissed; conviction upheld.

Table of Content
1. conviction details and offense description (Para 1 , 2)
2. procedural history and judicial actions (Para 3 , 4 , 5 , 6 , 8)
3. trial proceedings and evidence review (Para 7 , 10 , 11)
4. arguments on inconsistencies in witness testimonies. (Para 9)
5. eyewitness accounts and corroboration (Para 12 , 13 , 14 , 15 , 16 , 17)
6. credibility of eyewitnesses and related evidence (Para 18 , 19 , 20)
7. prosecution's burden and forensic evidence (Para 21 , 22 , 23)
8. arguments about timing and evidence reliability (Para 24 , 25 , 26)
9. conclusion and verdict of the appeal (Para 27 , 28 , 29)

JUDGMENT :

R.POORNIMA, J.

This Criminal Appeal is filed against the conviction and sentence passed against the appellant/sole accused in the judgment dated 19.01.2021 passed by the Sessions Judge, Fast Track Mahila Court, Dindigul in S.C.No.31 of 2017 by convicting and sentencing the appellant for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.15,000/- and in default to undergo six months simple imprisonment.

2. The case of the prosecution in brief is as follows:

(a) The deceased Malliga is the daughter of the complainant, Chinna Karuppan. She was married to the accused eight years ago. It was a love marriage. They were blessed with two male children, namely, Kaleeswaran and Iyyanar. The complainant's son-in-law was doing coconut cutting work. From out of the income derived, he consumed alcohol and created unnecessary quarrel with his daughter. He had not spent a single penny towards family necessities and when the same was questioned by his daughter, he created problems with her. He also threatened her with dire consequences. His daughter came to his house and complained about him, but he pacified her and sent her back to her matrimonial home. Both were living with bitterness.

(b) On 08.07.2014 at about 07.00 p.m., when he was staying at his residence, the accused came in an inebriated condition and quarrelled with his daughter. Both the complainant and his wife shouted at him and separated them. His daughter was sitting in the veranda of one Senrayan, accused Sasi Kumar took a bill Hook from his house, shouted at his daughter and inflicted injuries on her right neck. His daughter fell down and was lying in a pool of blood. When the complainant tried to lift her, she had succumbed to her injuries. The incident was witnessed by Thangaraj, Senrayan, Selvaraj and others.

Hence, the complainant requested to take action.

(c) After receipt of the complaint at about 20.00 hours P.W.15, Thiru.Mayilraj, Special Sub Inspector of Police registered a case in Crime No.26 of 2014 under section 302 of IPC and the same was marked as Ex.P.11 and sent to the Judicial Magistrate, Nilakkottai and other copies were sent to the concerned officials through Grade-I Constable 310 Thiru.Periya Maruthu.

(d) P.W.18, Thiru.Senthil Kumar, Inspector of Police, after receipt of the FIR, took up the matter for investigation. He went to the place of occurrence at about 22.00 hours and prepared Observation Mahazar under Ex.P.7, Rough Sketch under Ex.P.15 in the presence of P.W.12, Tmt.Saranya, the Village Administrative Officer and Thiru.Paneer Selvam, Village Assistant. He also recovered blood stained earth and ordinary earth (M.O.3 & M.O.4) under a recovery mahazar Ex.P.10.

(e) Thereafter, he examined witnesses, Chinna Karuppan, M.Balamurugan, Sendrayan, Kachammal, Thangaraj, Selvam and recorded their statements.

(f) On 09.07.2014 at about 6.30 a.m.,he conducted inquest on the dead body in the presence of Panchayatars and prepared the inquest report under Ex.P.17.

(g) Thereafter, on secret information on the same day at about 11.00 a.m., he arrested the accused in the Pillaiyar Natham Bus Stand and recorded his confession statement Ex.P.18 and recovered blood stained bill hook, blood stained rose colour shirt with letters as 'AKSA' (in the collar) (M.O.1 & M.O.2) under a recovery mahazar Ex.P.9 in the presence

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