Son convicted of murdering his father over a pathway dispute appealed against conviction under Sections 302, 294(b) and 506(ii) IPC. The High Court found eye-witness testimony reliable, serology evidence consistent, and mortuary register explained the corpse's custody; conviction and sentence confirmed and 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.
Crl.A(MD)No.822 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 12.02.2025
Pronounced on : 03.03.2025
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
Crl. A(MD)No.822 of 2022 and
Crl.M.P(MD)No.14336 of 2024
Thirukumaran
.. Appellant/Sole Accused
Vs.
State represented by, The Inspector of Police, Kadayam Police Station, Thirunelveli District. (Crime No.530/2020) .. Respondent/Complainant
PRAYER: Criminal Appeal is filed under Section 374 of the Code of Criminal Procedure, against the judgment dated 29.08.2022 in S.C.No.409 of 2021 on the file of the learned Principal Sessions Judge, Tirunelveli.
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For Appellant : Mr.V.Kathirvelu Senior Counsel for Mr.K.M.Mohammed Ali For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor assisted by Mr.C.Mayilvahana Rajendran
JUDGMENT
Dr.G.JAYACHANDRAN, J. and
R.POORNIMA, J.
This is a case of patricide.
Thangaraja, born to his first wife Vellaiammal.
Judge, Tirunelveli, the learned Sessions Judge convicted Thirukumaran for offences under Section 294(b), 302 and 506(ii) IPC. The motive for the crime is alleged to be the dispute between the father (deceased) and his son (accused) regarding the use of the pathway running through the land of the
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deceased.
The substance of charges framed against the accused/appellant:
barbed wire fence of Thangaraja field and took the tractor loaded with haystack through the land of Thangaraja. This was objected by Thangaraja. He warned the accused not to use the pathway in his land. On the next day ie., 27.11.2020 at about 16.00 hrs, again the accused carrying haystack came through the pathway in Thangaraja land. At the same time, Thangaraja, his second wife Shanmugasuntha and their son Sreeram Vinoth Raja were returning back to home after completing the work in the field. On seeing the accused, Thangaraja reprimanded the accused for using the pathway. The accused claiming right in the pathway, abused Thangaraja as old man and bastard. Then took out the knife concealed on his back and attacked Thangaraja on his head first, then cut on the neck and shoulder repeatedly. On hearing the scream of Thangaraja, Shanmugasuntha and her son Sreeram Vinoth Raja tried to rescue the injured. The accused wielded the knife and threatened them ‘if they come close, he will kill them’. After intimidating them, the accused ran away.
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Evidence and finding:
witnesses, 28 exhibits and 13 material objects. On the defence side, no document or oral evidence.
Shanmugasuntha (PW-1) the second wife of Thangaraja and her son Sreeram Vinoth Raja (PW-2), who were accompanying the deceased when he was assaulted by the accused. Besides the prosecution has also examined Kuchamudaiyan (PW-4) the neighbouring land owner and two chance
witnesses, Murugesan(PW-5) and Lakshmanan (PW-6) and happened to witness the occurrence while crossing the scene of crime when they came to purchase saplings.
convicted the accused. He was sentenced as below:-
Charge 1: Offence 3 months SI and Rs.1000/- fine. u/s 294(b) of IPC In default, 30 days SI.
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| Charge 2: Offence | Life imprisonment and fine of Rs.5000/-. |
|---|---|
| u/s 302 IPC. | In default,3years RI. |
| Charge 3: Offence | 5 years RI and fine of Rs.1000/-. |
| u/s 506(2) IPC. | Indefault,19monthsRI. |
the appellant is innocent and he had been fixed by PW-1 and PW-2 to grab his property. The deceased had multiple enemies in the village. On the complaint given by the villagers, proceedings pending against him for encroaching government land. Multiple injuries of different dimension found on the deceased body could not have been caused by a single person. The place of occurrence not established beyond doubt. The Investigating Officer has failed to explain the chain of custody of the body from the scene of occurrence to mortuary. The trial Court erred in not considering the vital omission. Hence pleaded that the conviction and sentence has to be set aside for the following reasons:-
i) The motive attributed for the crime disproved by the defence through cross examination of PW-1 who admits that even after marrying her as second wife, the deceased used to visit his first wife ie., the mother of the accused. For more than 22 years, the deceased was living with his second
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wife and children. PW-1 states that out of 40 acres of land, the deceased gave 15 acres of land to the first wife and settled the remaining land to her two sons. The division has happened several years ago. According to the prosecution, the immediate provocation was the objection to the accused for using the deceased pathway to reach the land of the accused. The day before occurrence, the accused removed the wire fence and drove the tractor carrying haystack load. On the day of occurrence, the accused was carrying haystack on his head and passing through the pathway. However, the sketch marked as Ex.P-15 does not find any haystack near the scene of crime. There is no damaged wire fence shown in the S.No.38/3. Neither pathway in S.No.38/3 nor land of the accused nearby S.No.38/3, to necessitate him to use it, shown in the sketch. Likewise in the observation mahazar marked as Ex.P-2 also, the above features which are relevant to prove the prosecution case conspicuously missing.
ii) The occurrence alleged to have taken place on 27.11.2020 at about 16.00 hrs in the land bearing S.No.38/3 owned by the deceased. The distance between the scene of occurrence and police station is only 4 km.
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However, PW-1 who claims to be an eye witness to the occurrence had informed the police only at 18.30 hrs. She has not given any explanation for the delay. Likewise, the express FIR had reached the Judicial Magistrate only at 11.15 hrs. As per the evidence of Chandran, Grade-I, Police Constable (PW-14), he received the passport (Ex.P-10) along with the FIR at 7.00 pm and delivered it to the Judicial Magistrate at 11.15 hrs. from Kadayam Police Station one can reach the Judicial Magistrate Quarters by 30 minutes in a two wheeler. The delay of more than 4 hours in forwarding the express FIR to the Judicial Magistrate not properly explained.
iii) PW-1 and PW-2 are interested witness and their presence at the time of occurrence is highly doubtful. PW-1 in the cross examination had admitted that the deceased had leased out his land and the land lay barren without any cultivation. Therefore, the case of the prosecution that PW-1 and PW-2 along with the deceased on 27.11.2020 were returning back home after working in the field cannot be believed. PW-2/the son of the deceased is not even able to say about the direction or simple detail about the scene of crime to believe that he was present at the scene of crime
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at the time of occurrence. Arumugam (PW-3) is the only independent witness for prosecution, but he turned hostile. Further, the presence of PW-3 and PW-6 at the scene of crime to witness the occurrence not mentioned in the complaint-Ex.P-1. Hence, PW-4, PW-5 and PW-6 who claims to have seen the occurrence being close related to the deceased are interested witnesses and their presence at the time of occurrence is highly doubtful.
iv) The version of the prosecution regarding the arrest, confession and seizure of material objects from the accused are not supported by the witnesses PW-10 and PW-11. According to the prosecution document, the observation mahazar-Ex P-2 and seizure mahazar Ex.P-3 were prepared between 7.45 pm to 8.45 pm on 27.11.2020. The corpse of Thangaraja was not at the scene of crime at the time of preparing these two documents. PW-18 (Seethalakhmi), who had taken the photographs of Thangaraja had deposed that she went to the scene of crime along with Investigating Officer and on his instruction, took the photos Ex.P-13 between 7.00 pm to 7.15 pm. Contrarily, from the deposition of PW-19, it is evident that he reached the scene of crime only at 7.30 pm
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along with PW-18 (Seethalakhmi). The body was seen at the mortuary only on the next day at about 7.00 am at the time of inquest. The person who removed the body from the scene of crime, the mode of transporting the body, the passport for admitting the body in the mortuary and the time of receiving the body at Mortuary are not disclosed by the prosecution.
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went to the spot by 7.00 pm. Scene of crime was identified by PW-2. Sketch, observation mahazar and seizure of soil with blood stain and without blood stain were collected under mahazar. The blood group (AGroup) found in the soil collected from the scene of crime tally with the control sample of the deceased. Further, the blood strained clothe of the accused found with A group blood. Therefore apart from eye witnesses, the prosecution through scientific evidence like serology report (Ex.P-28) had proved the guilt of the accused beyond any reasonable doubt.
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Though confession and recovery mahazar witnesses had not supported the case of the prosecution, the case of the prosecution cannot be disbelieved
when the other overwhelming and un-impeached evidence in the form of direct eye witness available.
for the appellant and Mr..E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the State.
evidence establishing motive become significant. However, if the case is based on direct evidence, the absence of motive does not necessarily weaken the posecution case.
14. The case of direct witness to the crime:
Three category of witnesses have seen the occurrence. PW1
and PW2 are the wife and son of the deceased. According to their testimony,
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they were returning back to the home along with the deceased. The presence at the scene of occurrence doubted by the defense citing minor contradictions. Since they have not spoken anything about the deceased after the brutal attack and absence of blood stain in their clothes which could have naturally happened if they were at the scene of occurrence and if tried to save the deceased. Conduct of a person in a given circumstances cannot be uniform or same. On witnessing the brutal attack by the accused, they have screamed. Hearing their scream, PW4-Sutchamudaiyar had rushed to the place. He come under the second category. He has also witnessed the accused causing cut injury on the deceased over his head and neck. He has stated that PW1 fainted on seeing the occurrence which evidence is quite natural and wholly acceptable.
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interested in the outcome of the prosecution. No doubt PW5 and PW6 are brothers and they are chance witnesses. Though they admit that they are related to Murugesan, this Court on considering the evidence of PW1 and PW2 who were accompanying the deceased before he was done to death, find that their evidence is highly reliable and not been impeached through cross-examination. There is no reason for them to fix the appellant falsely. Though the learned counsel for the appellant would submit that to knock away the 15 acres of lands given to the accused mother he has been falsely implicated in this case, such a defence and explanation appears to be highly preposterous and baseless.
harp on the delay in forwarding the FIR to the Judicial Magistrate. In this regard, the explanation of Chandran(PW14) requires consideration. The FIR handed over to him at 7.00 pm to be delivered at Judicial Magistrate Court, Ambasamuthiram. Being COVID Pandemic, there was restriction of movement and the Magistrate was at her residence. Hence, it has taken nearly 5 hours for him to deliver the express FIR.
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cervical vertebra and spinal cord found cut.
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aspect of upper part of left upper arm.
as the assailant and had spoken about the manner in which he caused the injury. The weapon used was recovered based on the confession given by the accused. No doubt the witnesses to the confession and recovery have turned hostile, but the fact the blood stains collected from the weapon tested and found to be A-Group blood which is the blood group of the deceased remains proved. The weapon identified by PW1 and marked as M.O.3. The scene of crime identified by PW2 and from the scene of occurrence, blood stained soil is collected. The blood stained soil found to contained A-Group human blood. The controlled sample of the deceased blood also belongs to A-Group. These facts are found from the serology report marked as Ex.P27 and Ex.P28. Hence, there could be no doubt about the scene of occurrence, the weapon used and the assailant.
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[G.J.,J] & [R.P., J] 03.03.2025
Index : Yes/No Internet : Yes/No NCC : Yes/No PJL
To
1.The Principal Sessions Judge, Tirunelveli.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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DR.G.JAYACHANDRAN, J. AND R.POORNIMA, J.
PJL
Predelivery Judgement made in Crl.A(MD)No.822 of 2022
03.03.2025
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2 issues framed by the court
Whether the conviction of the accused for murdering his father was sustainable despite alleged doubts on witness presence, FIR delay, and chain of custody of the corpse.
Whether the unexplained omission regarding custody of the corpse from scene to mortuary created a benefit of doubt.
4 provisions across 2 enactments
Thirukumaran
State represented by The Inspector of Police, Kadayam Police Station, Tirunelveli District
G.Jayachandran
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
