High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. DHINAKAR & THE HONOURABLE MR. JUSTICE F.M. IBRAHIM KALIFULLA
N.J.Suraj - Appellant
Versus
State rep.by Inpsector of Police - Respondents
Criminal Appeal No.855 of 1997
Decided On : 28 October 2002
MURDER - Circumstantial Evidence - Indian Penal Code, Section 201 - Indian Penal Code, Section 302 - Indian Penal Code, Section 174 - Indian Penal Code, Section 313 - Indian Evidence Act, Section 8 - Indian Evidence Act, Section 27
Fact of the Case:
The accused was tried for the murder of his wife, Shali, and for attempting to screen the offence by leaving a suicide note at the scene. The deceased, Shali, married the accused without her parents' knowledge. The accused and the deceased were seen together at a lodge, and the deceased was found dead in a locked room with a suicide note and a saree hanging from the ceiling.
Finding of the Court:
The court found that the deceased did not die a natural death but was a victim of homicidal violence. The court rejected the defense theory of suicide and concluded that the accused was responsible for the death of the deceased based on circumstantial evidence.
Issues: The court analyzed the evidence to establish the identity of the accused with the deceased, the circumstances of the deceased's death, and the accused's conduct during the relevant period.
Ratio Decidendi: The court applied the principle that in cases relying on circumstantial evidence, the chain of evidence must be complete and rule out any reasonable ground for a conclusion consistent with the innocence of the accused. The court also considered the accused's false explanation and conduct as additional links in the chain of circumstances against him.
Final Decision: The court upheld the conviction and sentencing of the accused for the murder of the deceased.
N.DHINAKAR, J.
The sole appellant, who, in the judgment, will be referred to as 'the accused', was tried before the learned Principal Sessions Judge, in Sessions Case No.180 of 1996, on a charge of murder on an allegation that at about 2.00 or 2.30 a.m. on 23.3.94, he caused the death of Shali, his wife, by smothering and by causing asphyxia. He was also charged under Section 201 I.P.C. on an allegation that after causing the murder of Shali, he attempted to screen the offence by leaving a suicide note at the scene, as if, it was written by the deceased Shali. The learned trial judge convicted and sentenced him to two years rigorous imprisonment for the said offence under Section 201 I.P.C. while convicting and sentencing him to imprisonment for life for the offence of murder. Hence, the appeal.
2. Shorn of unnecessary details, the facts necessary to dispose of the appeal can be briefly summarised as follows:-
The deceased is the daughter of P.W.7. The accused was running a printing press under the name and style of Prompt Printers at Tirussur in Kerala. The deceased was staying with her father at Paliseri Village near Tirussur and was employed in the printing press of the accused. P.W.7 was a tailor by profession. The deceased studied up to 10th standard. She fell in love with the accused and wanted to marry him. Accordingly, on 19.3.94, she married him and the marriage was registered at the Office of the Sub Registrar, Tirussur. Ex.P.6 is the certificate issued by the Sub Registrar, showing the marriage between the accused and the deceased. The said fact was not known to the parents of the deceased and the parents of the accused were against the marriage and therefore, wanted the said marriage to be annulled. It is the further case of the prosecution that on 22.3.94, Ex.P.7 was registered at the same office annulling the said marriage, though the said deed was not signed nor was it presented for registration by the deceased and it was presented on behalf of the accused. On 22.3.94, the deceased left her house, carrying with her a tiffin box, M.O.11, after informing her father that she is going to Prompt Printers for her job. She was not seen alive thereafter by P.W.7. At about 6.30 p.m. on 22.3.94, the deceased and the accused went to Chitra Lodge at Coimbatore, where P.Ws.1 and 4 were working as receptionist and room boy respectively and asked for a double bed room after intimating P.W.1 that he and the deceased are husband and wife. The accused has stated that his wife had to attend an interview on the next day and therefore, they had to stay in the lodge for the night. P.W.1 obtained Rs.120/- from the accused and allotted room No.59. The accused made entries in the Check-in register, Ex.P.1 and the said entries are Ex.P.2. He wrote his name as Joshy, C.A., Chalayil House, Trivandrum and has also mentioned in the said register that the purpose of visit is to attend an interview. A receipt was also issued for the receipt of Rs.120/- and the said receipt stands marked as Ex.P.4. and the receipt book is Ex.P.3. P.W.4, the room boy, took the accused and the deceased to room No.59 and after getting tea for them, left the room. P.W.1 also saw the accused and the deceased leaving the room and returning at about 8.30 p.m. On return, they entered the room and locked it from inside. P.W.4 went away in connection with his other duties. At about 9.00 or 9.30 p.m. on 22.3.94, P.W.4 went home after handing over charge to P.W.1 and returned on the morning of 23.3.94. He found room No.59 locked from outside and when questioned, P.W.1 told him that the persons, who were occupying the room, would have gone out. P.W.4 did not bother to verify. On 24.3.94, as usual, he came and joined duty and purchased coffee and tea for the occupants in the lodge. At about 8.30 a.m., he went to the annexe building, where room No.59 was situate and found the room locked from outside. He noticed a foul smell emanating from the said room and therefore
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