MADRAS HIGH COURT
Judge Name, J
Muthupandi – Appellant
Versus
State – Respondent
S.C.No.239 of 2014
| Table of Content |
|---|
| 1. nature and framing of charges (Para 1 , 2) |
| 2. circumstances leading to the crime (Para 4 , 5) |
| 3. determination of guilt based on evidence (Para 6 , 7) |
| 4. validity of extra-judicial confessions (Para 12 , 13) |
| 5. final judgment and verdict (Para 30 , 33) |
1. This criminal appeal is filed against the judgment and order dated 23.11.2018, in S.C.No.239 of 2014, on the file of the IV Additional District and Sessions Court, Madurai,
2. The Trial Court framed two charges against Muthupandi (A1) and Thangam alias Thangaselvi (A2), as detailed below:
Charge Penal Provisions Accused 1 302 and 201, I.P.C. Muthupandi (A1) Thangam alias 2 201 r/w 302, I.P.C. Thangaselvi (A2)
3. By judgment and order dated 23.11.2018, the Trial Court acquitted Thangaselvi (A2) of the charge under S.201 r/w 302, I.P.C. and convicted and sentenced Muthupandi (A1), as detailed below: -
Sentence of Section of Law Fine amount imprisonment Rs.3,000/- in default to To undergo undergo simple 302, I.P.C. imprisonment for life imprisonment for two (2) months. Rs.2,000/- in default to To undergo one (1) undergo simple 201, I.P.C. year rigorous imprisonment for one (1) imprisonment. month. The sentences imposed on Muthupandi (A1) were ordered to run concurrently.
4. The prosecution case runs thus:
4.1 Raniammal (P.W.1) is a physically challenged lady with two daughters, Kanaga (deceased) and Karthiga (not examined). Her husband deserted her several years ago and so, as a single parent, she brought up her two daughters. She was residing in Ayyankovilpatti Village in Madurai District, with her two daughters and was a daily wager.
4.2 A few years ago, the appellant and Kanaga, who were in love with each other eloped, got married and worked in Ajantha brick kiln of Mohanraj (P.W.3) in Panayur Village. Kanaga was blessed with two daughters and a son.
4.3 While their family was in Panayur, the appellant developed intimacy with Thangam alias Thangaselvi (A2), which was resented by Kanaga. When the appellant started living with Thangam alias Thangaselvi (A2), Kanaga, along with her children, returned to her natal home in Ayyankovilpatti and she and her children were living with Raniammal (P.W.1).
4.4 Five days prior to lodging of the police complaint by Raniammal (P.W. 1), Kanaga left Ayyankovilpatti village saying that she is going to Panayur village to question her husband about his activities. Since Kanaga did not return for five days, her mother Raniammal (P.W.1) started looking over for her along with her brother Muniappan (P.W.4).
4.5 They came to Ajantha brick kiln and enquired Mohanraj (P.W.3), who told her that on 04.02.2012, he had seen Kanaga quarrelling with her husband and so, he shouted at them and thereafter, he does not know anything about Kanaga.
4.6 Narrating all these facts, Raniammal (P.W.1) gave a complaint (Ex.P1) to the police on 05.02.2012, in which, she and her brother Muniappan (P.W.4) have signed, based on which, Neethiraj (P.W.9), Sub-Inspector of Police, registered a case in Avaniyapuram Police Station Crime No.65 of 2012 at 21:00 hours and prepared the printed FIR (Ex.P11).
4.7 While the police were in search of Kanaga, on 06.02.2012, around 11.00 in the morning, the appellant surrendered before Ponkaleeswaran (P.W. 6), Village Administrative Officer of Panayur Village and gave a confession statement (Ex.P4) stating inter alia that after his first wife left him, he got married to Kanaga and thereafter, he married Thangam alias Thangaselvi (A2); Kanaga and her children were living with his parents; on 04.02.2012, around 11.30 p.m., Kanaga came to his house in Panayur and quarrelled with him saying that she wants a decision this way or the other in the matter; as she was shouting, neighbours came to intervene and tried to pacify her, but in vain; after they left, around 2.30 a.m., Kanaga moved off his house with his third child; he followed her and snatched the child from her; Kanaga resisted; thinking that if Kanaga is left like that, she would sp
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