Dismissed¶101

Perumal v. the Inspector of Police

Madras HC29 Jan 2026CRL A/170/2019

Case brief

AI extract

What is this about?

Madras High Court, Crl.A.No.170 of 2019, Perumal v. State (Inspector of Police, Katpadi Police Station, Vellore District), Crime No.1285 of 2012; pronounced 29.01.2026 by P.Velmurugan and M.Jothiraman, JJ. Appeal against S.C.No.147 of 2013 (08.02.2019, Fast Track Mahila Court, Vellore) conviction for murder under Section 302 IPC and offence under Section 4(1) TNWHA dismissed. Key themes: reliability of dying declaration of 65%-75% burns victim, absence of eyewitnesses, circumstantial evidence, post-mortem corroboration of beating before burning, diesel fire death of 24.11.2012.

What did the court decide?

The evidence of P.Ws.1, 2, 8, 11, 12, 13 is cogent, consistent and inspires the Court's confidence, especially the dying declaration recorded by the Magistrate. ¶96

Perumal Vs the Inspector of Police — Murder and Culpable Homicide | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶101

Issue for consideration

Whether the dying declaration of a deceased who had sustained 65%-75% burn injuries was reliable and untutored, and capable of sustaining the conviction without independent eyewitness corroboration. +1 more

¶38

Court's answer

The evidence of P.Ws.1, 2, 8, 11, 12, 13 is cogent, consistent and inspires the Court's confidence, especially the dying declaration recorded by the Magistrate.

¶96

Ratio / Principle

The treating doctor (P.W.11) and the recording Magistrate (P.W.12) stated that the deceased herself gave the dying declaration while conscious and in a sound state of mind, as certified in Ex.P.10.

¶91

Key takeaways

Though there is no eyewitness, the circumstantial evidence, namely the dying declaration and the evidence of P.Ws.1, 2 and 13, clearly shows that the appellant set fire on the deceased and caused her injuries.ratio¶89
The testimony of P.Ws.1 and 2 that the appellant beat the deceased before setting her on fire was proved by the post-mortem report Ex.P.5 (contusions, lacerations and degloving injuries apart from burns) and corroborated by P.W.7 who conducted the post-mortem.ratio¶81
Since the appellant and the deceased were together under one roof and within four walls at the time of occurrence, it was for the appellant to explain how the inmate sustained fatal injuries.

Detailed headnote1 paragraphs

Criminal Appeal (S.374(2) Cr.P.C.) dismissed by the High Court of Judicature at Madras, affirming the Fast Track Mahila Court, Vellore conviction of the appellant under Section 302 IPC (life imprisonment with Rs.1,000/- fine) and Section 4(1) TNWHA (one year RI with Rs.10,000/- fine). With no eyewitness, the Court upheld conviction on the Magistrate-recorded dying declaration (Ex.P.12), certified by treating Doctor P.W.11 (Ex.P.10) that the deceased was conscious and fit throughout, corroborated by the testimony of the deceased's brother and mother (P.Ws.1, 2), the Accident Register entry Ex.P.13, and the post-mortem report Ex.P.5 showing contusions, lacerations and degloving proving beating prior to burning; held that the person together with the deceased within four walls had to explain her injuries; found the prosecution had proved guilt beyond all reasonable doubt and declined to interfere.

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Crl.A.No.170 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Judgment Reserved on : 07.01.2026

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Judgment Pronounced on : 29.01.2026

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Coram:

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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Crl.A.No.170 of 2019

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Perumal .. Appellant Vs. State rep. By Inspector of Police Katpadi Police Station Vellore District .. Respondent Crime No.1285 of 2012

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Criminal Appeal filed under Section 374(2) of Cr.P.C., to set aside the judgment passed in S.C.No.147 of 2013 dated 08.02.2019 on the file of Fast Track Mahila Court, Vellore.

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For Appellant : Mr.T.Muruganandam

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For Respondent : Mr.A.Damodaran

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Additional Public Prosecutor

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assisted by Ms.M.Arifa Thasneem

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