Appeal against conviction and sentencing for murder of a child. The High Court re-evaluated witness testimony and an extra-judicial confession, finding no infirmity in the trial court’s conclusion that the appellant intentionally dropped the baby, thereby dismissing the appeal.
Instant criminal appeal dismissed.
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
DELIVERED ON : 07.04.2022
CORAM
THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN
Crl.A.No.81 of 2019
Balu @ Balamurugan
.. Appellant/Accused
Vs.
The State rep. by The Inspector of Police Kai Kalathur Police Station Veppanthattai Taluk Perambalur District .. Respondent/Complainant
Prayer : Criminal Appeal filed under Section 374(2) Cr.P.C. against the judgment and order dated 31.05.2018 passed by the Sessions Judge, Mahila Court, Perambalur, in S.C.No.21 of 2015.
For Appellant : Mrs.D. Geetha For Respondent :Mr.M. Babu Muthu Meeran Additional Public Prosecutor
J U D G M E N T
P.N.PRAKASH, J.
This criminal appeal is directed against the judgment and order of conviction and sentence dated 31.05.2018 passed by the Sessions Judge, Mahila Court, Perambalur, in S.C.No.21 of 2015.
2.1. Vennila (P.W.21) is the daughter of Irudayaraj (P.W.22) and Arokiamary (P.W.23) and they were all residing in Natham Village in Sirkazhi.
2.2. The appellant viz., Balu @ Balamurugan hailed from Kaikalathur Village and he used to go to Natham as a labourer during the harvest season and thereby, he got acquainted with Vennila (P.W.21) and they both decided to marry. Sometime in the year 2013, they got married.
2.3. After their marriage, Vennila (P.W.21) lived with Balu in her matrimonial home in Mariamman Koil Street in Kaikalathur. Balu started suspecting the fidelity of Vennila (P.W.21) and used to beat her and so, she used to frequently go to her natal home in Natham. However, on such occasions, mediation talks would be held and Vennila (P.W.21) would be sent back with Balu to Kaikalathur.
2.4. While so, Vennila (P.W.21) became pregnant and she delivered a male baby, 45 days prior to the date of occurrence viz., 22.12.2014. After the birth of the baby, Balu brought both Vennila (P.W.21) and the baby with him, but, continued to harass Vennila (P.W.21) saying that she was not chaste.
2.5. In the morning of 21.12.2014, a big quarrel ensued between them, in which, Balu thrashed Vennila (P.W.21). Again, in the night, Balu picked up a quarrel with her and slapped her. Disgusted with this behaviour of Balu, Vennila (P.W.21) decided to go to her natal home on the next morning.
2.6. Accordingly, on 22.12.2014, around 07.30 a.m., Vennila (P.W.21) carried the baby and started walking towards the bus stand to board a bus to reach her natal village. Balu came behind her in a bicycle, accosted her and asked her to return home, by promising her that he would not beat her again. Since she did not trust his words, she ran away into a nearby lane. Balu chased her, caught hold of her tresses and hit her head with a stone. She started bleeding. He pulled the baby from her and when she tried to pull back the baby from him, he stated, “as long as the baby is there, you would do all this, now I will get rid of this one.” So saying, he held the legs of the baby and dropped the baby headlong to the ground. The baby died.
2.7. Vennila (P.W.21) went to the police station and gave a statement (Ex.P8), based on which, the police registered a case in Kaikalathur P.S. Crime No.222 of 2014 on 22.12.2014 at 08.30 a.m. for the offences under Sections 307 and 302 IPC against Balu and prepared the printed FIR (Ex.P10), which reached the jurisdictional Magistrate on the same day at 03.10 p.m., as could be seen from the endorsement thereon.
2.8. Investigation of the case was taken over by Sivasubaramanian (P.W.31), Circle Inspector, Mangalamedu, (in
short “the I.O.”), who went to the place of occurrence and prepared the observation mahazar (Ex.P12) and the rough sketch (Ex.P13). The I.O. recorded the statement of Vennila (P.W.21) and other witnesses. Since the body of the baby was shifted to Balu's house nearby and inquest was conducted there and the inquest report was marked as Ex.P14.
2.9. The body of the baby was sent for post-mortem to the Government Hospital, Perambalur, where, Dr.Senthil Kumar (P.W.12) performed autopsy and noted the following external injuries in the post-mortem certificate (Ex.P9) :
“i. Multiple abrasions in the right frontal area of the head.
ii. Anterior fontanelle opened and brain matter comes out through it.”
After initial examination, he gave his final opinion as under : “The deceased would appear to have died of head injury, about 6-12 hours prior to autopsy.”
2.10. Balu surrendered before Azhagudurai (P.W.14), Panchayat President, Kaikalathur Panchayat, on 22.12.2014 around 03.30 p.m. and confessed to him that he had thrown his baby, due to which, the baby died. Azhagudurai (P.W.14) took Balu and surrendered him to the police, pursuant to which, the police placed him under arrest.
2.11. After examining the witnesses and collecting various reports, the I.O. completed the investigation and filed a final report in PRC.No.33 of 2015 before the Judicial Magistrate, Perambalur, for the offences under Sections 307 and 302 IPC against Balu.
2.12. On appearance of Balu, the provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Session in S.C.No.21 of 2015 and was made over to the Mahila Court, Perambalur, for trial. The trial Court framed charges for the offences under Section 307 IPC for attacking Vennila (P.W.21) and under Section 302 IPC for murdering the baby. When Balu was questioned, he pleaded “not guilty”.
2.13. To prove the case, the prosecution examined 31 witnesses and marked 22 exhibits and 1 material object.
2.14. When Balu was questioned under Section 313 Cr.P.C. on the incriminating circumstances against him, he simply denied the same and did not offer any explanation whatsoever. No
witness was examined from the side of Balu nor any document marked.
2.15. After considering the evidence on record and hearing either side, the trial Court, vide judgment and order dated 31.05.2018 in S.C.No. 21 of 2015, acquitted Balu of the charge under Section 307 IPC, however, convicted him of the offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs.10,000/-, in default to undergo 4 years rigorous imprisonment.
2.16. Challenging the aforesaid conviction and sentences, Balu has filed the instant criminal appeal.
i. Vennila (P.W.21) is the daughter of Irudayaraj (P.W.22) and Arokiamary (P.W.23);
iii.45 days prior to the incident, a male baby was born to Vennila (P.W.21) and Balu and the baby was named as Pradeep @ Pradiv ; and
iv.Pradeep suffered serious injuries on his head on 22.12.2014.
appeal is, how the baby's death happened.
going with the baby to the bus stand around 06.00 a.m., Balu followed her in a bicycle and requested her to return home saying that he would not beat her again; since she did not believe his words, she rushed with the baby to a nearby lane; Balu chased her and caught hold of her tresses and hit her head with a stone, due to which, she started bleeding; he pulled the baby from her and when she tried to pull the baby back from him, he stated, “as long as the baby is there, you would do all this, now I will get rid of this one”; so saying, he held the legs of the baby and dropped the baby headlong to the ground; one lady who was nearby, carried the baby.
i. 1 x 1 x 1cm cut injury on the left side of the head; and ii.two abrasions on the left cheek
A copy of the Accident Register was marked as Ex.P11. Even to the doctor (P.W.30), she has stated that she was assaulted by a known person at 07.00 a.m. with a stone near Kaikalathur bus stand.
In the result, this criminal appeal is dismissed.
Sd/Assistant Registrar(CS-V)
//True copy//
Sub Assistant Registrar
gya
To
1.The Sessions Judge Mahila Court, Perambalur
2.The Inspector of Police Kai Kalathur Police Station Veppanthattai Taluk Perambalur District
Copy To
The Section Officer, Criminal Section, High Court, Madras.
Crl.A.No.81 of 2019
SSV(CO) GMY(27/04/2022)
3 issues framed by the court
Whether the trial court’s finding that the appellant caused the death of the child by dropping him to the ground is free from legal infirmity warranting interference.
Whether the evidence of the victim and the extra-judicial confession supports the conviction for murder despite hostile witnesses.
Whether the explanation that the baby slipped during a scuffle is credible given the victim’s account of severe injuries.
5 provisions across 2 enactments
Balu @ Balamurugan
The State
P.N.PRAKASH
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
