Criminal Appeal against a conviction and sentence for murder and malicious injury. The High Court allowed the appeal, setting aside the findings due to insufficient evidence and lack of corroboration from eye witnesses, acquitting the appellant.
Conviction and sentence set aside. Appellant acquitted. Fine recovered ordered to be refunded.
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 : 14.11.2016
CORAM:
THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN
Criminal Appeal No.626 of 2016 & Crl.M.P.No.8635 of 2016 Kutty .. Appellant/1st Accused Vs. The State rep. by The Inspector of Police(L & O) K.1, Sembium Police Station Perambur, Chennai 11 .. Respondent/Complainant
Prayer: CRIMINAL APPEAL filed under section 374(2) of Cr.P.C. to call for the records in S.C.No.207 of 2013 on the file of XVII Additional Sessions Judge, Chennai and to examine the same and set aside the judgment of conviction pronounced on 29.7.2016 as well as the sentences inflicted, fine amounts imposed thereby upon the appellant and to acquit the appellant and set him at liberty.
For Appellant : Mr.G.Prabhakaran For respondent : Mr.E.Raja, Additional Public Prosecutor
JUDGMENT (Judgment of the Court was delivered by A.SELVAM, J)
This Criminal Appeal has been directed against the convictions and sentences dated 29th day of July, 2016 passed in Sessions Case No.207 of 2013 by the XVII Additional Sessions Court, Chennai.
the house, the first accused and his mother, sister and her husband have resided. The first accused has used to take water from the borewell of the deceased to his water supply service business and the same has been objected to by the deceased on 6.8.2012. The first accused has had quarrel with the deceased. The deceased has broken the motor pumpset. Having enraged at the conduct of the deceased, on 7.8.2012 at about 10.15 p.m., both the accused have attacked the deceased and due to their overtacts, he passed away. After occurrence, the defacto complainant, who is none other than the wife of the deceased, has given a complaint and the same has been registered in Crime No.1204 of 2012. The said complaint has been marked as Ex.P.17.
i. An oblique cut wound with regular margin 10x2cmxbone deep on the right side of the forehead extending from the hair lone to the outer angle of the right eye.
ii.An oblique cut wound 2x1cmxbone deep on the angle of the right lower jaw
iii.An oblique cut wound with regular margin 20x4cmxbone deep on the right side cheek extending from the upper end of the right ear to the inner third of the right lower jaw exposing the cut fracture on the right zygomatic bone and mixilla iv.An oblique cut wound with regular margin 7x1xbone deep on the back of upper end of the right fore arm
v. An oblique cut wound 3x1xbone deep on the palmar aspect of the distal phalanx of the right little finger
vi.An oblique cut injury 3x1xbone deep on the palmar aspect of distal phalanx of the right little finger
vii.An oblique cut injury 3x1xbone deep on the palmar aspect of proximal phalanx of right ring finger
viii.An oblique cut wound with regular margin 10x2xbone deep on the lower part of right side occipital region of the scalp. Sub scalp haematoma seen.
ix.An oblique cut wound with regular margin 5x1cmxmuscle deep on the upper part of back of both side of the neck
xv.An oblique cut wound 3x1xbone deep on the dorsum of distal phalanx of the left second toe xvi.An oblique cut wound 6x1cmxmuscle deep on the outer aspect of left shoulder joint
Heart: Normal in size, chambers Empty valves - NAD coronaries - patent great vessels - NAD Lungs: Both lung normal in size, c/s pale, Hyoid bone, intact, larynx, trachea contain mucous froths mucosa congested. All other vital mid line structure of the neck were intact
Stomach: contains 20 gms partly digested cooked food material with no specific odour, Mucosa congested sub mucosal petechial haemorrhages seen. Small intestine contained 50 ml bile stained fluid with no specific odour . Mucosa-congested sub mucosa1 petechial haemorrhages seen. Large intestine distened with gas. Liver, spleen and kidneys: normal in size, c/s pale, Bladder: Empty
Pelvis, spinal column & Hyoid bone: Intact, Brain: Normal insize, c/s pale, scalp, vault and base of the skull and membranes were intact
The Postmortem Certificate has been marked as Ex.P.12.
13.The learned Additional Public Prosecutor has contended that the wife of the deceased (defacto complainant) has been examined as P.W.1 and in fact, she has given the complaint in question. During the course of examination, she has admitted her signature and further, the Doctor who admitted the then injured (deceased) has been examined as P.W.12 and his specific evidence is that he has seen the then injured (deceased) and the trial court, after considering the evidence given by P.Ws.1 and 12, has rightly found the appellant/first accused guilty under sections 450 and 302 of the Indian Penal Code, even though some of the eye witnesses have become hostile and under such circumstances, the convictions and sentences passed by the trial court are not liable to be interfered with.
In fine, this Criminal Appeal is allowed. The convictions and sentences dated 29.7.2016 passed against the appellant/first accused in Sessions Case No.207 of 2013 by the trial court are set aside. The appellant/accused is acquitted. Fine amounts, if paid, are ordered to be refunded to the appellant/first accused forthwith. M.P.is closed.
Sd/Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1. XVII Additional Sessions Judge, Chennai. 2.-Do- Through The Principal District and Sessions Judge, Chennai. 3. The District Collector, Chennai. 4. The Director General of Police, Mylapore, Chennai-4. 5. The Superintendent Central Prison, Puzhal, Chennai. (In duplicate for Communication to accused) 6. The Inspector of Police K.1, Sembium Police Station Perambur, Chennai 11.
Criminal Appeal No.626 of 2016
sai[co]
srg 15/11/2016
2 issues framed by the court
Whether the High Court should set aside the conviction and sentence of the appellant under sections 302 and 450 of the Indian Penal Code due to lack of evidentiary support.
Whether the trial court erred in convicting the appellant based primarily on the complainant's complaint.
3 provisions across 2 enactments
Kutty
The State
A. Selvam
P. Kalaiyarasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
