{"id":136109,"date":"2008-04-15T00:00:00","date_gmt":"2008-04-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/pandi-alias-erumai-pandi-vs-state-represented-by-on-15-april-2008"},"modified":"2015-05-19T20:30:44","modified_gmt":"2015-05-19T15:00:44","slug":"pandi-alias-erumai-pandi-vs-state-represented-by-on-15-april-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/pandi-alias-erumai-pandi-vs-state-represented-by-on-15-april-2008","title":{"rendered":"Pandi Alias Erumai Pandi vs State Represented By on 15 April, 2008"},"content":{"rendered":"
Madras High Court<\/div>\n
Pandi Alias Erumai Pandi vs State Represented By on 15 April, 2008<\/div>\n
       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\t\t\t\t\t\nDATED : 15\/04\/2008\n\nCORAM\nTHE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN\nAND\nTHE HONOURABLE MR. JUSTICE S. NAGAMUTHU\n\nCriminal Appeal (MD)No.269 of 2006\nand\nCriminal Appeal (MD)No.327 of 2006\n\n\n1. Pandi alias Erumai Pandi\n2. Moopakkarai alias Ashok\n3. Sekar alias Pannimandai Sekar\n4. Boominathan\n5. Suresh\n6. Kathiresan \t\t\t\t\t...... Appellants \/ Accused 1, 3 to 7\n\t\t\t\t\t\t\tin Crl.Appeal.No.269 of 2006\n\nSekar \t\t\t\t\t\t..... Appellant \/ Accused No.2\n\t\t\t\t\t\t\tin Crl.Appeal No.327 of 2006\n\nVs\n\nState represented by\nInspector of Police,\nOthakadai Police Station,\nMadurai District.\n(Crime No.49 of 2004) \t\t\t\t..... Respondent \/ Complainant\nin Both Criminal Appeals\n\n\tCriminal Appeals filed under Section 374 (2) Cr.P.C against the Judgment\ndated 18.04.2006 passed by the learned Additional District and Sessions Judge,\n(Fast Track Court No.II), Madurai in S.C.No.9 of 2006.\n\n!For Appellants\t...  Mr. R. Shanmugasundaram\n\t\t     Senior Counsel for Mr. S. Ravi in\n\t\t     Crl. Appeal No.269 of 2006\n\t\t     Mr. S.K.Mahendran for A-2\t\t\n\t\t\n^For Respondent\t...  Mr.  V. Kasinathan\n\t\t     Additional Public Prosecutor\n\n:JUDGMENT\n<\/pre>\n
PRABHA SRIDEVAN, J.\n<\/p>\n
\t\tThe appellants \/ accused Nos.1 to 7 have preferred these Criminal
\nAppeals against the Judgment dated 18.04.2006 passed by the learned Additional
\nDistrict and Sessions Judge, (Fast Track Court No.II), Madurai in S.C.No.9 of
\n2006,  convicting the appellants for the offences punishable under Sections
\n120(B), 341, 302 read with 34, 114, 396 and 402 I.P.C and sentencing them to
\nundergo one month rigorous imprisonment for the offence under Section 341 I.P.C,
\nfive years rigorous imprisonment for the offence under Section 120(B) I.P.C.,
\nimprisonment for life and fine of Rs.10,000\/- in default of fine amount to
\nundergo three years simple imprisonment for the offence under Section 302 I.P.C
\nand  imprisonment for life for the offence under Section 396 I.P.C, seven years
\nrigorous imprisonment for the offence under Section 402 I.P.C and five years
\nrigorous imprisonment for the offence under Section 114 I.P.C.\n<\/p>\n
\t\t2. The case of the prosecution in brief is as follows:-\n<\/p>\n
\t\tP.W.1 – Raghavan is the husband of the deceased – Komalavalli. P.W.2\n<\/p>\n
– Anusha is the daughter of the deceased. During the year 2004, P.W.2 was
\nstudying in a local college at Madurai. Usually, P.W.2 would go to the nearby
\nMattuthavani Bus Stand at Madurai in the morning accompanied by her mother to go
\nto the college by bus from the said bus stand.  The deceased used to accompany
\nher upto the bus stand and after seeing her off in the bus stand, she used to
\nreturn home on walk. On 29.01.2004, as usual, P.W.2 accompanied by the deceased
\nproceeded to the said bus stand.  After leaving P.W.1 in the bus stand, while
\nshe was returning to her house at about 07.45 a.m., these seven accused way laid
\nher, in which one of the accused stabbed her on her neck and snatched away the
\ngold chain worn by her. The deceased managed to move to some distance, but fell
\nin front of the house of P.W.4 – Sivasankar Kuthalam at about 08.15 a.m., and
\ndied. On hearing the information, P.W.1 rushed to the place of occurrence and
\nfound the deceased dead. He also noticed the injuries over her throat and on her
\nright hand. He also found that the gold chain weighing 5 sovereigns worn by the
\ndeceased was found stolen. Then, he proceeded to the police station and
\npreferred the Complaint – Ex.P.1 at 09.30 a.m.<\/p>\n
\t\t3. P.W.18, who was the then  Inspector of Police at Othakadai Police
\nStation, on receiving the Complaint – Ex.P.1, registered a case in Crime No.49
\nof 2004 for the offence punishable under Sections 397 and 302 I.P.C. Ex.P.29 is
\nthe F.I.R. Then, he forwarded Exs.P.1 and P.29 to the Jurisdictional Magistrate.
\nThereafter, taking up the investigation, he proceeded to the place of occurrence
\nat 10.15 a.m.<\/p>\n
\t\t4. In the meantime, P.W.2, the daughter of the deceased was also
\ninformed of the occurrence. She rushed to the place of occurrence and found her
\nmother dead with injuries on her body. She also noticed the missing of 5
\nsovereigns of gold chain.\n<\/p>\n
\t\t5. P.W.18, the Inspector of Police prepared an Observation Mahazar
\nunder Ex.P.2 in the presence of P.W.5 and another witness at the place where the
\ndead body was lying. Then, he prepared a Rough Sketch under Ex.P.30. Then, he
\nrecovered blood stained earth and sample earth from that place (M.Os.2 and 3)
\nunder a Mahazar – Ex.P.3. He also recovered a purse containing a ten rupee note
\nwith blood stains, one rupee coins five in numbers. P.W.18 also recovered the
\nwearing apparels of the deceased under Ex.P.4 mahazar in the presence of P.W.5
\nand another witness. P.W.18 then recovered blood stained earth (M.O.4) and
\nsample earth (M.O.5) from the place where the deceased was stabbed.\n<\/p>\n
\t\t6. P.W.18 held the Inquest between 11.30 a.m., and 01.00 p.m., on
\nthe dead body of the deceased in the presence of the Panchayatars and he
\nprepared Inquest Report – Ex.P.31. During the Inquest, P.W.18 examined P.Ws.1
\nand 2 and few more witnesses.  Then, he forwarded the dead body through P.W.16
\nto the Government Madurai Medical College for autopsy.\n<\/p>\n
\t\t7.  P.W.13 – Dr.M.Alavudin, who was the then Tutor in Forensic
\nMedicine, Madurai Medical College, Madurai received the dead body of the
\ndeceased on 29.01.2004 along with the requisition given by P.W.18. He conducted
\nthe autopsy on the body of the deceased at 02.15 p.m., on 29.01.2004. During the
\nautopsy, he found the following injuries:-\n<\/p>\n
\t“1. An oblique stab wound 4 cm x 1.5 cm cavity deep noted on left side of
\nthe neck, 5 cm below the left ear pinna. The margins of the above wound is
\nregular with one end is pointed and other end is curved. On dissection, the
\nwound possess obliquely downward, backward and medially piercing the underlying
\nmuscles, vessels (carotid artery) and enter the trachea with surrounding
\ncontusion.\n<\/p>\n
\t2. Two oblique cut injuries on the right side of wrist 2 cm apart each
\nmeasuring 4 cm x 1 cm muscle deep, on dissection, the wounds are directed
\ndownwards and outwards cutting the underlying muscles with surrounding
\ncontusion. The margins of the above wounds are regular.”
\nEx.P.12 is the Post Mortem Certificate and Ex.P.13 is the opinion of the Doctor
\nregarding the cause of death. According to him, the death was due to shock and
\nhemorrhage due to the stab injuries and the death would have occurred 7 to 9
\nhours prior to the post mortem.\n<\/p>\n
\t\t8. During February 2005, on the orders of the Superintendent of
\nPolice, the investigation was transferred to P.W.19, who was then the Inspector
\nof Police attached to Omachikulam Police Station in Madurai City. Taking up the
\nInvestigation, on 15.02.2005 at about 02.00 p.m., P.W.19 arrested A-1, A-2,  A-3
\nand A-5 in the presence of Kalimuthu – P.W.10 and Manoharan – P.W.14 at
\nKalikappan Vilakku at Sivagangai Main Road at Madurai. On such arrest, A-1
\nvolunteered a confession and the same was duly recorded by P.W.19 in the
\npresence of P.Ws.10 and 14. In the said confession, A-1 disclosed that he would
\nidentify the place where the knife had been concealed by him and produce the
\nsame. The admissible portion of the said disclosure statement is Ex.P.32.
\nPursuant to the same, A-1 took P.W.19 and other witnesses to the place where the
\nknife was hidden and identified the place and also produced M.O.16 – Knife.
\nP.W.19 recovered the same under the Mahazar – Ex.P.33. Thereafter, the second
\naccused gave a voluntary confession statement and the same was recorded at about
\n04.00 p.m. In the said disclosure statement, A-2 disclosed that he would
\nidentify the place where he had hidden a knife and produce the same. In pursuant
\nto the said disclosure statement, he took P.W.19 and the witnesses to the place
\nwhere the knife was hidden and produced the same. P.W.19 recovered the same at
\nabout 05.30 p.m., in the presence of witnesses. Ex.P.34 is the admissible
\nportion of the said statement and M.O.7 is the knife recovered. Ex.P.35 is the
\nmahazar for the said recovery. Then, A-3 gave a voluntary confession and the
\nsame was duly recorded by P.W.19. In the said statement, he disclosed that he
\nhad sold away the gold chain to P.W.15 – Sivaji. Pursuant to the same, he took
\nP.W.19 and the witnesses to the place of P.W.15 and identified him. Then, P.W.15
\nproduced the gold chain (M.O.1). The said gold chain was recovered under Ex.P.37\n<\/p>\n
– Mahazar. Ex.P.36 is the admissible portion of confession statement of A-3.
\nThereafter, P.W.19 forwarded the accused to the learned Judicial Magistrate for
\njudicial remand. The recovered articles were also sent to the Court. P.W.19 then
\nexamined P.Ws.10 and 14 and recorded their statements. Then, again on the orders
\nof the Superintendent of Police, the investigation was handed over to the
\nInspector of Police, Othakadai Police Station.\n<\/p>\n
\t\t9. P.W.20, who was the then Inspector of Police at Othakadai Police
\nStation took up the investigation from P.W.19. He examined few more witnesses.
\nHe came to know that A-4, A-6 and A-7 had surrendered before the learned
\nJudicial Magistrate, Melur. He took custody of A-4, A-6 and A-7 on 15.03.2005 on
\nthe orders of the Judicial Magistrate, Melur at his request for two days. On
\n15.03.2005, at the police station when P.W.20 interrogated A-4 in the presence
\nof P.W.11 and P.W.12, he volunteered a confession and the same was recorded.
\nHowever, no discovery of any new fact was made out of the same. Similarly, A-6
\nand A-7 also gave separate confessional statements, which were also duly
\nrecorded. But, no discovery of any new fact was made out of the same. On
\n16.03.2005, he gave requisition to the learned Judicial Magistrate for
\nforwarding the material objects for chemical examination. Since he was
\ntransferred, he handed over the investigation to P.W.21 on 07.05.2005.\n<\/p>\n
\t\t10. P.W.21 took up the investigation, during which he received the
\nChemical Analysis Report. Finally charge sheet was laid against the appellants.\n<\/p>\n
\t\t11. The Trial Court framed charges under Sections  120(B), 341, 302
\nread with 34, 114, 396 and 402 I.P.C against all the accused. Since the accused
\ndenied the charges, they were put on trial. During trial, on the side of the
\nprosecution, 21 witnesses were examined, 41 documents were exhibited and 7
\nmaterial objects were marked. When the accused were questioned under Section 313
\nCr.P.C., in respect of the incriminating evidences available against them, they
\ndenied the same. But, they did not examine any witness on their side and they
\ndid not mark any document.\n<\/p>\n
\t\t12. Having considered the materials available on record and after
\nhaving considered the submissions of the learned counsel for both sides, the
\nTrial Court found the accused guilty under various penal provisions as
\nenumerated in the beginning of the judgment and punished them accordingly.\n<\/p>\n
\t\t13. Challenging the said conviction and sentence, the Accused Nos.1,
\n3 to 7 have preferred Criminal Appeal No.269 of 2006 and the Accused No.2 has
\npreferred Criminal Appeal No.327 of 2006.\n<\/p>\n
\t\t14. The case of the prosecution is based on circumstantial evidence.
\nThe first circumstance is that the deceased was lastly seen alive on 29.01.2004
\nat about 07.45 a.m., by P.Ws.1,2 and 4. The next circumstance is that the
\ndeceased was done to death and the gold chain weighing 5 sovereigns worn by the
\ndeceased was stolen away in the same occurrence by the miscreants between 07.45
\na.m., and 08.15 a.m. To speak about the same, the Prosecution has examined
\nP.Ws.1 and 2 who would say that when the deceased was lastly seen alive, she was
\nwearing M.O.1 – gold chain and when she was found dead at 08.15 a.m., the said
\nchain was found missing. The said fact has not been disputed by the defence by
\nchallenging the evidence of P.Ws.1 and 2. Thus, it has been established by the
\nProsecution that murder and robbery took place in one and the same transaction
\non 29.01.2004 between 07.45 a.m., and 08.15 a.m.<\/p>\n
\t\t15. The next question is as to who are responsible for the murder
\nand robbery. The prosecution, though has examined number of witnesses to speak
\nabout the circumstances against the accused, none has supported the case of the
\nprosecution. The only material evidence available on record is the evidence of
\nP.W.2, the daughter of the deceased, who has stated that when the deceased
\naccompanied her towards Mattuthavani Bus Stand, she noticed the accused standing
\nby the side of the road and they were murmuring among themselves pointing to the
\ndeceased. But, this part of the evidence of P.W.2 cannot be believed for the
\nsimple reason that the accused, admittedly, were not known to P.W.2 prior to the
\noccurrence. In chief examination itself, she has admitted that during the course
\nof Test Identification Parade, she did not identify any of the accused.  Since
\nshe did not choose to identify the accused in the identification parade and
\nfurther she did not give the identifying features of the assailants when she was
\nexamined by the police, the evidence of P.W.2 identifying the accused in Court
\nfor the first time is only liable to be rejected.\n<\/p>\n
\t\t16. The prosecution nextly relies on the recovery of M.O.1 – gold
\nchain from the possession of P.W.15 in the presence of P.Ws.10 and 14. According
\nto the case of the prosecution, A-3 made a disclosure statement and out of the
\nsaid disclosure statement, P.W.15 was identified by A-3 as the one to whom M.O.1
\nhad been sold away by A-3 and thereafter, M.O.1 was recovered from P.W.15 in the
\npresence of P.Ws.10 and 14. But, P.Ws.10 and 14 have turned hostile. The
\nevidence of the Investigating Officer to the extent that the jewel was recovered
\nfrom P.W.15, even if believed, in the absence of believable  evidence that it
\nwas only at the instance of A-3 that P.W.15 was identified, much importance
\ncannot be attached to the said recovery. To invoke the presumption under Section
\n114(a) of the Indian Evidence Act, it is necessary that the accused should have
\nbeen found in possession of the stolen property as soon as the theft was
\ncommitted. In this case, M.O.1 was not found in possession of A-3 nor there is
\nevidence that the same was recovered at the instance of A-3 from the hide out.
\nThus, in our considered opinion, the prosecution has failed to prove that M.O.1
\nwas seized from P.W.15 at the instance of A-3 beyond reasonable doubt.\n<\/p>\n
\t\t17. Yet another circumstance projected by the Prosecution is the
\nrecovery of knife at the instance of A-2. Though it is true that the knife
\nrecovered from the alleged possession of A-2 tallies with the blood group of A-
\n1, that itself cannot be the foundation for recording conviction. It is quite
\ncommon that many have the same blood group. Above all, the alleged occurrence
\nwas on 29.01.2004 and the accused were arrested on 15.02.2005 i.e., after about
\none year. It is highly unbelievable that the accused would have kept the knife
\nwith blood stains for such long period of time in safe custody.\n<\/p>\n
\t\t18. Yet another improbability is that initially investigation was
\ndone by P.W.18. During his investigation, no clue whatsoever was obtained in
\nrespect of the assailants. After a long time, the investigation was transferred
\nto P.W.19. According to P.W.19, he arrested the accused on 15.02.2005. But, he
\nhas not stated as to what are the material evidences collected by him, which
\npointed to the guilt of the accused so as to impel him to arrest these accused.
\nIt is not known how P.W.19 came to the conclusion that the accused Nos.1 to 3
\nand 5 had involved in the crime. Thus, the evidence of P.W.19 deserves to be
\nrejected as the above doubt has not been cleared by the Prosecution.\n<\/p>\n
\t\t19. According to the evidence of P.W.13 – the Doctor who conducted
\nthe autopsy, the deceased died due to shock and hemorrhage to the injuries and
\nfrom his evidence, we can safely conclude that the deceased died out of
\nhomicidal violence and the occurrence would have taken place between 07.45 a.m.,
\nand 08.15 a.m., on 29.01.2004.\n<\/p>\n
\t\t20. Since  we have already held in the previous paragraphs that
\nthere is no evidence connecting the accused with the heinous crime of murder, we
\nhave no option before us except to acquit all the accused.\n<\/p>\n
\t\t21.\tBefore parting with the case, we would like to mention two
\nfeatures in the judgment in appeal by the learned Trial Judge with regard to the
\nframing of charges and questioning under Section 313 Cr.P.C.  The additional
\nground has been raised by the appellants at the time of arguments that the
\nprocedure adopted by the Trial Court under Section 313 Cr.P.C. for questioning
\nthe accused is not correct.  We find this common defect in many trials.  The
\nentire evidence of a witness is put to the accused and he has asked if he
\naccepts it for which he naturally says ‘no’ and the accused has no opportunity
\nto focus his attention on any of the incriminating facts elicited in the
\nevidence with regard to which he can make a specific denial.\n<\/p>\n
\t\t(a) In 2005 (6) SCC 101(State of Punjab V. Swaran Singh), the<\/a> manner
\nin which 313 statement should be recorded has been dealt with.  The relevant
\nparagraphs are extracted as follows:\n<\/p>\n
\t“As regards the questioning of the accused under Section 313 CrPC, the
\nrelevant provision is as follows:\n<\/p>\n
\t“313. Power to examine the accused.-(1) In every inquiry or trial, for the
\npurpose of enabling the accused personally to explain any circumstances
\nappearing in the evidence against him, the court-\n<\/p>\n
(a) may at any stage, without previously warning the accused, put such questions
\nto him as the court considers necessary;\n<\/p>\n
(b) shall, after the witnesses for the prosecution have been examined and before
\nhe is called on for his defence, question him generally on the case:
\nProvided that in a summons case, where the court has dispensed with the personal
\nattendance of the accused, it may also dispense with his examination under
\nclause (b).\n<\/p>\n
(2) No oath shall be administered to the accused when he is examined under sub-
\nsection (1).\n<\/p>\n
(3) The accused shall not render himself liable to punishment by refusing to
\nanswer such questions, or by giving false answers to them.
\n(4) The answers given by the accused may be taken into consideration in such
\ninquiry or trial, and put in evidence for or against him in any other inquiry
\ninto, or trial for, any other offence which such answers may tend to show he has
\ncommitted.”\n<\/p>\n
\t10. The questioning of the accused is done to enable him to give an
\nopportunity to explain any circumstances which have come out in the evidence
\nagainst him. It may be noticed that the entire evidence is recorded in his
\npresence and he is given full opportunity to cross-examine each and every
\nwitness examined on the prosecution side. He is given copies of all documents
\nwhich are sought to be relied on by the prosecution. Apart from all these, as
\npart of fair trial the accused is given opportunity to give his explanation
\nregarding the evidence adduced by the prosecution. However, it is not necessary
\nthat the entire prosecution evidence need be put to him and answers elicited
\nfrom the accused. If there were circumstances in the evidence which are adverse
\nto the accused and his explanation would help the court in evaluating the
\nevidence properly, the court should bring the same to the notice of the accused
\nto enable him to give any explanation or answers for such adverse circumstance
\nin the evidence. Generally, composite questions shall not be asked to the
\naccused bundling so many facts together. Questions must be such that any
\nreasonable person in the position of the accused may be in a position to give
\nrational explanation to the questions as had been asked. There shall not be
\nfailure of justice on account of an unfair trial.\n<\/p>\n
\t…..\n<\/p>\n
\t14. In Shivaji Sahabrao Bobade v. State of Maharashtra<\/a> (1973 (2) SCC 793)
\na three-Judge Bench of this Court considering the fallout of omission to put to
\nthe accused a question on a vital circumstance appearing against him in the
\nprosecution evidence, widening the sweep of the provision concerning examination
\nof the accused after closing prosecution evidence made the following
\nobservations: (SCC p. \t806, para 16)
\n\t“It is trite law, nevertheless fundamental, that the prisoner’s attention
\nshould be drawn to every inculpatory material so as to enable him to explain it.
\nThis is the basic fairness of a criminal trial and failures in this area may
\ngravely imperil the validity of the trial itself, if consequential miscarriage
\nof justice has flowed. However, where such an omission has occurred it does not
\nipso facto vitiate the proceedings and prejudice occasioned by such defect must
\nbe established by the accused. In the event of evidentiary material not being
\nput to the accused, the court must ordinarily eschew such material from
\nconsideration. It is also open to the appellate court to call upon the counsel
\nfor the accused to show what explanation the accused has as regards the
\ncircumstances established against him but not put to him and if the accused is
\nunable to offer the appellate court any plausible or reasonable explanation of
\nsuch circumstances, the court may assume that no acceptable answer exists and
\nthat even if the accused had been questioned at the proper time in the trial
\ncourt he would not have been able to furnish any good ground to get out of the
\ncircumstances on which the trial court had relied for its conviction.”
\nFurther, in that case the Supreme Court held that the accused was not in any way
\nprejudiced by not having an opportunity to answer specifically regarding the
\nevidence of the witnesses.  In this case all the questions are put to all the
\naccused together who jointly say “no”.\n<\/p>\n
\t\t(b) \tIn AIR (31) 1944 Madras 42 (In re Shekur) the Division Bench
\nheld thus:\n<\/p>\n
\t “The procedure which is laid down in S.342, Criminal P.C., – a procedure
\ndesigned to give accused persons an opportunity to explain circumstances
\nappearing against them – has been in substance disregarded in this case.
\n\tThe committing Magistrate put the whole of the case for the prosecution in
\none long statement beginning – “You heard the witnesses depose that you and
\nBapulal were cooks in the R.A.F. quarters and Bapulal used to beat you at times
\nas he was the senior cook.” Then he sets out the evidence of the witnesses for
\nthe Crown and ends up by “What have you to say.”  This is not a compliance with
\nthe mandatory provisions of the Code.”\n<\/p>\n
We hope more care is taken while recording Section 313 statement. The judges are
\nbound to apply their mind while asking the questions.  It is perhaps the only
\nopportunity when the accused can give his explanation.  The accused shall not
\nsuffer because the Court failed in its duty under Section 313 Cr.P.C.  We also
\nnote that generally the evidence of hostile witnesses is not put to the accused
\nduring Section 313 questioning.  If the hostile witnesses’ evidence is to be
\nrejected in toto then that evidence need not be put to the accused. But if the
\nprosecution has elicited something from the hostile witness to support its case
\ne.g. presence of the accused at the scene of occurrence after which the witness
\nturn hostile, then that portion which is in favour of the prosecution must be
\nput to the accused, so that the accused has an opportunity to explain his case.
\nQuestioning under Section 313 Cr.P.C. is not an empty formality, it is an
\nimportant part of the trial and the Trial Judges would do well to remember this.
\nTherefore all the incriminating evidence elicited from witnesses including the
\nhostile witnesses should be put to the accused during the 313 questioning.\n<\/p>\n
\t\t(c)\tThe other feature is with regard to the framing of charges.
\nIn this case, the charge includes offences under Sections 120B, 341, 302 r\/w 34,
\n394 and 402 IPC. But the ingredients relating to the different sections are not
\nfound in the charge that is framed.  There is nothing in the charge relating to
\nconspiracy.  We earnestly hope that more care should be given with regard to
\nframing of charges.  This aspect of the matter should be borne in mind by all
\nthe Trial Judges.  In criminal trials, judges are dealing with the right of
\nliberty and in cases under 302 IPC, right of life too.  So they must remember
\nthat they are dealing with Constitutional rights. The procedure adopted by them
\nshall not violate these rights.\n<\/p>\n
\t21. In the result, these Criminal Appeals are allowed and the conviction
\nand sentence imposed on the appellants by Judgment dated 18.04.2006 of the
\nlearned Additional District and Sessions Judge, (Fast Track Court No.II),
\nMadurai in S.C.No.9 of 2006 are set aside and the appellants are acquitted of
\nall the charges.  The appellants are directed to be released forthwith, unless
\ntheir detention is required in any other case.\n<\/p>\n
Dpn\/-<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Pandi Alias Erumai Pandi vs State Represented By on 15 April, 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15\/04\/2008 CORAM THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN AND THE HONOURABLE MR. JUSTICE S. NAGAMUTHU Criminal Appeal (MD)No.269 of 2006 and Criminal Appeal (MD)No.327 of 2006 1. Pandi alias Erumai […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-136109","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nPandi Alias Erumai Pandi vs State Represented By on 15 April, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/pandi-alias-erumai-pandi-vs-state-represented-by-on-15-april-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Pandi Alias Erumai Pandi vs State Represented By on 15 April, 2008 - 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