The High Court of Judicature at Madras dismissed an appeal against the acquittal of an accused charged with murder under Section 302 IPC. The trial court found that the prosecution failed to establish a complete chain of circumstances beyond reasonable doubt.
Criminal Appeal dismissed and the order of acquittal passed by the Sessions Judge is confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.08.2016
CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
AND
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
Crl.A.No.518 of 2014
A.Gajalakshmi .. Appellant /
De-facto Complainant
Vs
1. State represented by
The Inspector of Police
Myladuthurai Police Station
Mayiladuthurai. .. Respondent
No.1/
Complainant
2. P.John .. Respondent No.2/
Accused
Appeal against the Judgment of acquittal passed by the
learned Sessions Judge, Mahalir Fast Track Court, Nagapattinam,
in S.C.No.79 of 2012 on 29.05.2014, under Section 372 of the
Code of Criminal Procedure.
For Appellant : Mr.T.Dhamodaran
(No appearance)
For Respondent - 1 : Mr.E. Raja
Additional Public Prosecutor
For Respondent – 2 : No appearance
JUDGMENT
[Judgment of the court was delivered by V.BHARATHIDASAN, J.,]
The present appeal is filed by the appellant against the order of acquittal passed in S.C.No.79 of 2012 on the file of the learned Sessions Judge, Mahalir Fast Track Court, Nagapattinam. The appellant is the de-facto complainant/PW.1.
The second respondent herein is the sole accused in the above Sessions Case and he stood charged for an offence under Section 302 IPC. The trial Court, after elaborate trial, acquitted the accused. Challenging the above said order of acquittal, the appellant is before this Court with this Appeal.
(b) At about 10.30 p.m, PW.6, husband of deceased, came to PW.1's house and enquired about the deceased and as they could not find her, they went in search of her. Ultimately, they found her dead near the place where her father was buried. Then they took her to the hospital belonged to the accused's father, where she was declared dead. Then, PW.1 lodged a complaint (Ex.P1).
(c) PW.12 – Sub-Inspector of Police, Mayiladuthurai police station, on receipt of Ex.P1 complaint at about 10.00 a.m on 27.05.2012, registered a case in Crime No.657 of 2012 under Section 174 Cr.P.C. Ex.P9 is the First Information Report.
(d) PW.13, Inspector of Police (in-charge), Mayiladuthurai police station, commenced investigation, proceeded to the scene of occurrence, prepared an Observation Mahazar (Ex.P10) and also drew a rough sketch (Ex.P11). PW.13 also recovered a Mosquito Repellent (M.O.1) and hair pins (M.O.2). Since the dead body was shifted to Government Hospital, Mayiladuthurai, he conducted inquest on the dead body in the hospital, in the presence of panchayatdars and prepared an inquest report (Ex.P13). Then PW.13 sent a requisition to Government Hospital for conducting autopsy on the dead body, through PW.10 – Head Constable.
(e) PW.9 – Assistant Civil Surgeon, working in Government Hospital, Mayiladuthurai, conducted autopsy on the dead body and found the following injuries:-
“No external injuries except rope mark seen over neck.
B/L Nasal discharge (Lt) Approximately
10 ml mucoid in nature. Hands opened. Eyes closed. B/L bluish colour eyelid (upper). (Lt). Jaw – B/L bluish coloured swelling seen (Lt). Tongue protruded. Tongue tip seen with black coloured. Sternum – intact. Heart – approximately 150 ml (Lt). Liver – congested. Stomach – 200 ml Rice food particles. Kidney – pink coloured (Lt.). Intestine – Faceal mass (Lt.). Neck – Rope mark seen over neck. Cut Section Neck – Tracheal Ring Normal. Hyoid bone – No fracture. Blood clot seen below Hyoid bone (Lt). Skull – Two contusion size about 3 x 2 x 1 cm size (Lt.) Parietal region (Lt.). Skull – No fracture seen. Brain – sub dural hemorrhage (Lt.). Ext. Crestalia – intact, No injury. Uterus – intact.”
He issued postmortem report (Ex.P7) and gave opinion regarding the cause of death as follows:-
''The death is due to Hanging Strangulation with Cerebral Hypoxia with Respiratory arrest''.
(f) PW.13 then recorded the statements of some witnesses and based on the investigation, he altered the offence into Section 302 IPC and the altered First Information Report is Ex.P8. On 27.05.2012 at about 7.00 p.m, PW.13 arrested the accused and on such arrest, the accused voluntarily gave a confession and based on the disclosure statement, he recovered dhoti (M.O.7) used by the accused. Then PW.13 handed over the investigation to regular Inspector of Police. The regular Inspector of Police recorded the statements of postmortem Doctor, Junior Scientific Officer and other witnesses and after completion of investigation, he filed charge sheet.
26.05.2012, he found her wife/deceased missing and subsequently, he found her dead near the graveyard of his father-in-law. PW.7 is a witness to arrest of the accused and the confession statement given by the accused. PW.8 is the Scientific Officer working in Forensic Lab, Tanjore. He has spoken about the examination of the visceral parts of the deceased and issuing a report (Ex.P6). PW.9 is the Assistant Civil Surgeon in the Government Hospital, Mayiladuthurai. He has stated that he conducted autopsy on the dead body and gave opinion regarding the cause of death. PW.11 is the Special Sub-Inspector of Police who handed over the First Information Report to the Tahsildar and also the altered First Information Report to the Judicial Magistrate Court. PW.12 is the Sub-Inspector of Police working in Special Cell, Nagapattinam. He has spoken about registering the complaint and preparing the First Information Report. PW.13 is the Inspector of Police (in-charge) of the respondent police. PW.13 has stated that he conducted investigation, arrested the accused and recovered material objects and after recording the statements of witnesses, he handed over the investigation to the regular Inspector of Police of the respondent police. After completion of investigation, regular Inspector of Police filed charge sheet against the accused.
be due to hanging or strangulation with Cerebral Hypoxia with Respiratory arrest. Hence, the theory of suicide also cannot be ruled out.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar mra To
2 issues framed by the court
Whether the appellate court should interfere with the trial court's order of acquittal in a murder charge tried on circumstantial evidence.
Whether there is unbroken evidence connecting the accused with the crime within the chain of circumstances.
2 provisions across 2 enactments
A. Gajalakshmi
The State
P. John
S. Nagamuthu
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
