Crl.a.482 Notes.docx

IN THE HIGH COURT OF JUDICATURE AT MADRAS Crl.Appeal.No: 482 of 2018 against S.C.No:

146 of 2013

(On the file of III Additional district and sessions Judge, Thiruvallur at Ponamallee Thiruvallur Dist. dt . 19.08.2016) Shankar and another.

.. Appellants/ Accused No.1 & 2 Vs

State represented by The Inspector of police Sri Ramachandra Medical college Police station (SRMC) Thiruvallur District. Crime No.139/2011.

.. Respondents / Complainant .

SYNOPSIS OF THE CASE 1. This Appeal is by the 1st and 2nd accused against their conviction and sentence. The charges, conviction and sentence are as follows: S.N o

Offence Charged Findings

Sentence

Not guilty

Acquitted

1

364 IPC

2

302 IPC

Guilty

Life imprisonment & fine of Rs 1000/ in default to undergo 2 years RI.

3

201 IPC

Guilty

Seven years RI.

2. PROSECUTION CASE: P.W.1 is the wife of the deceased Vinothkumar. They got married in the year 2006 and they have two children, aged 8 and 6. P.W.2 is her mother and P.W.3 is her brother. They were residing in her mother’s house. The deceased was working as mason and doing contract works. A1 along with his

wife

and

children

was

also

residing

in

the

house

of

P.W.2 as tenant. A1 and the deceased have jointly indulged in certain bad habits. Hence P.W.1 and others forced A1 to vacate the house. A1 was doing painting work under the deceased. On 22.04.2011 at 6.00 P.M., P.W.4, who is a co-worker of the deceased came to the house of P.W.1 and informed that A1 and A2 have murdered the deceased by dashing his body in a temple

well near Retteri Lake, Porur. P.W.4 also informed that after the incident the accused came to him and demanded money by boasting himself that just then he had finished one person. On hearing this information, P.W.1 immediately rushed to the lake. On the way she met her eldest brother and all of them searched for the deceased. There were blood stains on the wall of the temple. Some persons present there informed that the deceased was thrown in to the lake only from that place. P.W.1 could not find the deceased in the lake. Hence she went to the police station and gave a complaint by naming the accused. They traced the accused with the help of their cell phone tower on the next day. They searched for the body till 6:00 P.M on 22.04.2011 and on the next day at 11:00 A.M the body was floating in a bloated condition. P.W.1 identified the body. There were injuries on the head, face, hands and legs of the deceased. It is alleged that the deceased was kidnapped by the accused from his house to Porur, made him to drink fully, dragged him over the road, dashed him against the wall in Jayavinayagar Temple and threw him in the lake . About one week prior to the incident A1 came to the house of P.W.! and threatened her with dire consequences. 3. COMPLAINT: At 5:30 P.M. on 22.04.2011, P.W.1 went to the police station and gave a complaint to P.W. 18, Inspector of Police, T-15, SRMC Police Station, Porur, which was registered as Crime No: 139 of 2011 for “Man Missing”. Thereafter, on the same day at 8:00 P.M P.W.1 again went to Police Station and informed them that P.W.4 came to her house at 6:30 P.M and said “At 1:15 P.M A1 and A2 came to his working place and created a quarrel with painter Karthick. While so, they told him that just then they had murdered a person and threw him in the lake. By saying they also threatened Karthick that he would also meet the same fate. Karthick ran away. At that time A1 & A2 informed the other persons who were present there namely Raja (NE), Kannan (P.W.8), and Pazhani (P.W.5), that they had murdered Vinoth Kumar (Deceased) during a fight by dashing his head in the Jayavinayakar temple wall and threw him in the lake. P.W.4 thought that the accused were blithering in inebriated condition. But when he came to know that the deceased was missing he is revealing this”. 4. Recovery of Body: P.W.1 and others went to the lake and searched for the deceased. The police called for the help of Fire Services and searched till late evening. The body was traced on the next day morning at 11:00 A.M in bloated condition. P.W.1 identified the body as that of her husband based on the mole on the right thigh. There were injuries all over the head, face, hands and legs.

5. POSTMORTEM: P.W.16, an Assistant Professor in Medico Legal Department at Royapettah Government hospital conducted postmortem on the body of the deceased on 24.04.2011 at 2:30 P.M. He found rigor mortis present on both the legs of the body. He found the following injuries: 1. Black eye seen on the left side. Mild sub conjuctival haemorrhage present. 2. Laceration 5 x.3 x 3 cms over centre of right side of lower lip. 3. Laceration 3 x.5 cms bone deep seen on back of the head in the occipital region of scalp. On dissection of head dark red contusion 5x4x.5 cms seen over occipital region of scalp. Skull intact diffuse subdural haemorrhage seen over parietal and occipital region of brain. Thin film of subarachnoid haemorrhage seen all over the brain surface including the cerebellum. Base of skull intact, neck structures, hyoid bone and thoracic cage intact. Heart normal in size. Chambers contained fluid

blood.

Lungs both lungs congested. Stomach empty, mucosa, liver, spleen and kidneys c/s congested. Intestines distended with gas. Bladder empty pelvis and spinal column intact. He gave a finding that deceased would appear to have died of head injuries. The postmortem certificate is Ex. P: 14. However he has not opined about the possible time of death. 6. INVESTIGATION: P.W.18, the Inspector of police registered the F.I.R at 5:30 P.M on 22.04.2011 and took up the investigation. The printed F.I.R is Ex.P: 16. He formed a special team to trace the deceased. On the same day at 8:00 P.M., based on the further statement of P.W.1., he altered the F.I.R from man missing to sections 364,302 and 201 IPC. The altered F.I.R is Ex.P: 17. He obsorved the scene of occurrence and prepared Observation mahazar Ex.P: 3 and the rough sketch is Ex.P: 18. He also recovered the blood stained sample from the scene of occurrence under the mahazar Ex.P: 2. He sent information to the Fire services. The Fire service team headed by P.W.12 searched for the body till 7:00 P.M on 22.04.2011 and on the next day that is on 23.04.2011, the body was taken off the lake. P.W.18 conducted inquest on the body of the deceased between 11:30 A.M and 1:30 P.M. The inquest report is Ex.P: 19. 7. Recovery from body: On 24.04.2011, P.W.18 recovered the blood stained dress worn by the deceased handed over to him by P.W.10 under Form 95. (M.O: 1- Shirt, M.O: 2- Banian and M.O: 3 Brown colour inner wear). 8. ARREST: On 23.04.2011 at 11.A.M. both the accused were arrested near the Iyyampanthangal Bus Depot in the presence of P.W.9 and Gurunathan and

recorded confessional statements from them. Nothing was recovered from them. 9. Other witnesses: a. P.W.5 is the watchman of the building where the accused were doing painting work. He speaks about the accused threatening others that they have just murdered one person. b. P.W: 6 is an Electrician. On the date of occurrence he was having tea near the lake. At that time he saw both the accused coming together by shouting. After that crowd gathered near the lake. He identified the c. d. e. f.

accused in the Identification Parade. P.W: 7 is a witness for Observation Mahzar Ex.P: 3. P.W.:8 is the building supervisor and speaks similar to P.W: 5, Watchman. P.W: 9 is a witness for the confession of the accused. P.W: 10 and P.W.11 are the constables for Post Mortem and Chemical

Analysis. g. P.W: 12 is an officer at Fire service. h. P.W: 13 is the Magistrate who recorded 164 statements of P.W: 4 and two others. i. P.W: 14 is the Magistrate who conducted Test Identification Parade of the j. k. l. m. n.

accused. P.W: 6 identified the accused. P.W.15 is the Accident register doctor. P.W: 16 is the Post Mortem Doctor. P.W.17 speaks about the deceased fighting for his life in the lake. P.W.18: Investigating Officer. P.W: 19: Filed Chargesheet.