The High Court of Madras dismissed criminal appeals challenging convictions for murder, culpable homicide, and cheating. The court upheld the conviction but modified concurrent sentences for the murders instead of consecutive ones.
Criminal appeals dismissed; sentences modified to run concurrently.
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
RESERVED ON : 23.03.2022 PRONOUNCED ON : 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Crl.A.Nos.355 of 2018 and 295 of 2020
1.Paraman @ Paramasivam
...Appellant/A2-Crl.A.355/2018
2.Syed @ Syed Abdul Kader
...Appellant/A3-Crl.A.295/2020 Vs
State by the Inspector of Police Sulur Police Station, Coimbatore
....Respondent in both Crl.As / Complainant
Prayer:- These Criminal Appeals have been filed, under Section 374(2) of Cr.PC, against the judgement of conviction and sentence, dated 28.09.2017, made in SC.No.232 of 2015, by the Special Sessions Court, Bomb Blast Cases (FAC) Coimbatore.
For Appellants : Mr.I.Abdul Basith-Crl.A.355 of 2018 Mr.C.Prabakaran-Crl.A.295 of 2020 For Respondent : Mr.M.Babu Muthu Meeran, APP
JUDGMENT
(Judgment of the Court was made by A.A.NAKKIRAN, J.)
each of the Appellants/A2 and A3, for the offence under Section 449 of IPC to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.1,000/- in default to undergo three months Simple Imprisonment and for the offence under Section 302 (2 counts) read with 34 of IPC to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three months Simple Imprisonment and for the offence under Section 307(2 counts) read with 34 of IPC to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months Simple Imprisonment and ordering the sentences to run consecutively.
save her husband and two daughters, Syed Abdul Kader caught hold of her and Udayakumar stabbed her with a knife. At that time, to save her life, Usha escaped from that place and shouted for help.
to bring home the charges against the accused, the Prosecution had examined PW.1 to PW.16 and also marked Exs.P1 to P38 and Mos.1 to 30. On the side of the Defence, DW.1 and DW.2 were examined and Ex.D1 to D3 were examined.
18.PW.1 Sarojini is the wife of the deceased. She deposed that they were blessed with two daughters viz., Vanitha/D2 and Usha. The deceased Rakkiappan and his family members were running a power loom Industry in Kaliamman Koil Street, Kumarapalayam and his family members were residing in the same compound. The said power loom Industry was managed by PW.1 husband Rakkiappan. One month prior to the occurrence, he engaged a labour namely Udayakumar through Kanmani PW.6, who is a labour contractor. A sum of Rs.600/- was fixed as daily wages to the said Udayakumar and he was permitted to stay in the labour quarters. Within one week, the Accused Udayakumar demanded Rs.50,000/- as advance and the same was refused by Rakkiappan. Further, he undertook to return the said amount after three months. However, the said Udayakumar within two days brought one Syed Abdul Kader. The accused Udayakumar informed Rakkiappan that Syed Abdul Kader was only a trainee and no salary need to be paid to him and hence Rakkiappan allowed him to stay along with Udhayakumar. One week before the occurrence, Rakkiappan's elder daughter came to the house of PW.2 along with her child. On 23.12.2014 at about 8.00 a.m., the said Udayakumar brought another person Paramasivam to the Industry. This was questioned by Rakkiappan. Thereafter, Udayakumar also scolded Rakkiappan and left the place by threatening that he will do away the entire family. On the next day, i.e. on 24.12.2014 at about 08.15 p.m., all the accused viz., A1 to A3 trespassed into the power loom Industry of Rakkiappan with an intention to murder Rakkiappan and his family. At that time, Rakkiappan and his two daughters questioned the accused and asked them to quit the place. On hearing the noise, Sarojini came to the place of occurrence at 08.45 p.m. After that, Udayakumar threatened Rakkiappan and demanded to be given an advance amount of Rs.50,000/- and the same was refused. Udayakumar stabbed Rakkiappan on the neck and other parts of the body indiscriminately. When his elder daughter Vanitha attempted to save her father, Paramasivam stabbed her indiscriminately on the neck and backside of her body. When her younger daughter viz., Usha attempted to save her father and her sister, Udayakumar instigated Syed Abdul Kader, who caught hold of Usha and stabbed her indiscriminately all over the body. When PW1 attempted to save her husband and two daughters, Syed Abdul Kader caught hold of her and Udayakumar stabbed her with the knife. At that time, Usha escaped from the scene and shouted for help. On hearing the noise of Usha, the nearby neighbours, namely, Balasubramanian and Suresh Kumar, rushed to the power loom Industry and on seeing them, all the accused escaped from the scene of occurrence with knives. The neighbours present at the scene of occurrence had engaged an ambulance and had taken the injured persons to the KMC Hospital. Rakkiappan and Vanitha died on the way to the Hospital. Usha and Sarojini were admitted as
inpatients at the KMC Hospital and the hospital authorities sent an intimation through phone to the Sulur Police Station. On receipt of an intimation at 12.00 p.m., from the Hospital, the Sub-Inspector of Police reached the hospital at 02.00 a.m., and recorded the statement of PW2 which was marked as Ex.A1 and registered an FIR in Cr.No.905 of 2014. PW.1 also identified the knives as M.O.1 to M.O.3 and stated that the knives were used by the accused during the occurrence and also identified the accused before the Court.
to the place and at that time, all the accused hurriedly came out from the godown with blood stained knives and identified Mos.1 to 3 and also further stated that the weapons consisted of blood stain and found Rakkiappan and his daughter Vanitha in a pool of blood and PW.1 was also found with injuries. Immediately, they came out of the godown and shouted for help and they engaged an ambulance and went to the KMC Hospital, Coimbatore. Rakkiappan and Vanitha were declared dead and Sarojini and her younger daughter were admitted as inpatients in the Hospital.
proceeded to the hospital and received a statement from PW.1 and registered a case in Cr.No.905 of 2014 under Sections 307 and 302 (2 counts) of IPC and the FIR was marked as Ex.P.28 and he despatched the FIR and the complaint to the Judicial Magistrate No.VII, Coimbatore. PW.15 Investigation Officer took up the case for investigation and after completion of the investigation, he filed the charge sheet against the accused.
The duty of the court is to see that not only the interest of the accused as per law is protected but also the societal and collective interest is safeguarded. It is distressing to note that despite services of Judgment
of the Supreme Court, the habit of granting adjournments really an ailment continues. There is a constant discomfort.”
Sd/-
Assistant Registrar(CS III)
/True Copy//
Sub Assistant Registrar
Srcm/-
To
+1cc to Mr.C.Prabakaran, Advocate, S.R.No.25805 +1cc to Mr.I.Abdul Basith, Advocate, S.R.No.25610
Crl.A.No.355 of 2018 and 295 of 2020
AK-II[co] NSK 26/04/2022
3 issues framed by the court
Whether the impugned judgment of conviction and sentence passed against the accused is fair and proper given the evidence presented.
Whether discrepancies in prosecution evidence are sufficient to justify acquittal of the accused.
Whether the sentences awarded for consecutive offenses should be modified to run concurrently.
Colour shows how this judgement treated each authority
The State of Uttar Pradesh Vs. RamkumarReferred¶32
14 SCC 614
Vinodh Kumar Vs. State of PunjabReferred¶34
3 SCC 220
4 provisions across 2 enactments
Paraman @ Paramasivam
Syed @ Syed Abdul Kader
State
P.N. Prakash
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
