{"id":141170,"date":"2008-01-09T00:00:00","date_gmt":"2008-01-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/pandi-alias-athilpandi-vs-the-state-represented-by-on-9-january-2008"},"modified":"2016-04-07T11:06:21","modified_gmt":"2016-04-07T05:36:21","slug":"pandi-alias-athilpandi-vs-the-state-represented-by-on-9-january-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/pandi-alias-athilpandi-vs-the-state-represented-by-on-9-january-2008","title":{"rendered":"Pandi Alias Athilpandi vs The State Represented By on 9 January, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Pandi Alias Athilpandi vs The State Represented By on 9 January, 2008<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\nDATED : 09\/01\/2008\n\nCORAM\nTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAM\nAND\nTHE HONOURABLE MR.JUSTICE S.PALANIVELU\n\nCrl.A.NO.531 of 2006\n\n\nPandi alias Athilpandi\t\t\t\t..  Appellant\n\nVs.\n\nThe State represented by\nthe Inspector of Police,\nValanthur Police Station,\nMadurai District.\n(Crime No.82\/2005)\t\t\t\t..  Respondent\n\n\n\tThis criminal appeal has been preferred under Section 374(2)  Cr.P.C.\nagainst the conviction and sentence of life imprisonment imposed on the\nappellant by the learned Principal Sessions Judge, Madurai made in S.C.No.82 of\n2005, dated 24.03.2005.\n\n!For Appellant  \t... Mr.C.Rajakumar\n\n^For Respondent \t... Mr.P.N.Pandithurai, APP\n\n\n:JUDGMENT\n<\/pre>\n<p>(The judgment of the court was made by M.CHOCKALINGAM, J.)<\/p>\n<p>\tChallenge is made to the Judgment of the learned Principal Sessions Judge,<br \/>\nMadurai made in S.C.No.82 of 2005, whereby the sole accused\/appellant stood<br \/>\ncharged, tried and found guilty as per the charge under Section 302 IPC and<br \/>\nawarded life imprisonment along with fine of Rs.1,000\/- with default sentence.\n<\/p>\n<p>\t2.  The short facts necessary for the disposal of this appeal could be<br \/>\nstated thus:-\n<\/p>\n<p>\ta)P.W.1 is the son and P.W.2 is the grandson of the deceased, aged 75<br \/>\nyears.  The deceased had 2 wives.  The accused is the son-in-law through the<br \/>\ndaughter of the deceased by name Uma.  The deceased had disturbance in<br \/>\nmatrimony. Though in a Village Panchayat, a customary divorce was given, all of<br \/>\nthem were living together under the same roof.  There were occasions in which<br \/>\nthe accused used to demand money from his father-in-law and quarrel with him.<br \/>\nOn the date of occurrence, ie., on 27.06.2004 at noon hours, P.Ws.1 to 4 were<br \/>\nall present in the house along with the deceased.  The accused came over there<br \/>\nand demanded money.  The deceased replied that the entire money was given to his<br \/>\ndaughter Uma when she went to Madurai to attend a function.  Immediately, the<br \/>\naccused asked for the key of the bureau.  The deceased also replied that the key<br \/>\nis also with Uma, following which there was a wordy altercation between the<br \/>\naccused and the deceased.  Immediately, the accused went inside the house, took<br \/>\nan Aruval and attacked him on his neck.  The deceased had an instantaneous<br \/>\ndeath.  The occurrence was witnessed by P.Ws.1 to 4.\n<\/p>\n<p>\tb)Immediately, P.W.1 proceeded to the respondent police station and gave a<br \/>\ncomplaint Ex.P.1 to P.W.12 Sub Inspector of Police. On the strength of the same,<br \/>\na case came to be registered by him in Crime No.71 of 2004 under Sections 302,<br \/>\n342 and 506(ii) IPC. Ex.P.7, the FIR, was sent to the concerned Judicial<br \/>\nMagistrate Court through a Constable along with Ex.P.1.\n<\/p>\n<p>\tc)On receipt of the copy of the FIR, P.W.13, the Inspector of Police, took<br \/>\nup the investigation, proceeded to the scene of occurrence and made an<br \/>\ninspection in the presence of two witnesses and prepared Ex.P.2, the Observation<br \/>\nmahazar and Ex.P.8, the rough sketch. Further, he recorded the statement of the<br \/>\nwitnesses. He also recovered MOs viz., blood stained sample earth etc. He<br \/>\nconducted inquest on the dead body of the deceased in the presence of the<br \/>\nwitnesses and panchayatdars and prepared Ex.P.9, the inquest report.\n<\/p>\n<p>\td)The dead body of the deceased was sent to the hospital, for the purpose<br \/>\nof autopsy.  P.W.9, the Doctor, attached to the Usilampatti Government Hospital,<br \/>\non receipt of the requisition, has conducted autopsy on the dead body of the<br \/>\ndeceased and has issued Ex.P.4, the post-mortem certificate, wherein she opined<br \/>\nthat  the deceased would appear to have died of shock and haemorrhage due to the<br \/>\ninjuries sustained by him.\n<\/p>\n<p>\te)The Investigator came to know that the accused surrendered before the<br \/>\nJudicial Magistrate No.II, Viruthunagar.  He made an application for police<br \/>\ncustody.  Accordingly, it was ordered. Thereafter, he interrogated with the<br \/>\naccused, who made a confessional statement, and the same was recorded, the<br \/>\nadmissible part of which was marked as Ex.P.5. Consequent upon the same, he<br \/>\nproduced M.O.1, Aruval,   which was recovered in the presence of the witnesses<br \/>\nunder a cover of mahazar.\n<\/p>\n<p>\tf) The accused was sent for judicial remand and all the material objects<br \/>\nrecovered from the place of occurrence, from the dead body of the deceased and<br \/>\nalso from the accused M.O.1 Aruval were sent for chemical analysis pursuant to a<br \/>\nrequisition given by the Investigating Officer to the concerned Judicial<br \/>\nMagistrate. Ex.P.10, the Chemical analyst&#8217;s report and Ex.P.11, the Serologist&#8217;s<br \/>\nreport were received. On completion of the investigation, the Investigating<br \/>\nOfficer has filed the final report before the concerned court, which in turn has<br \/>\ncommitted the case to the court of sessions and necessary charges were framed<br \/>\nand the case was taken up for trial.\n<\/p>\n<p>\tg) In order to substantiate the charges, at the time of trial, the<br \/>\nprosecution examined 13 witnesses and also marked 11 exhibits and 7 M.Os.  On<br \/>\ncompletion of the evidence on the side of the prosecution, the accused was<br \/>\nquestioned under Section 313 Cr.P.C. as to the incriminating circumstances found<br \/>\nin the evidence of prosecution witnesses. He denied them as false. No defence<br \/>\nwitness was examined.  The lower court, after hearing the arguments of the<br \/>\ncounsel and also considering the materials available, took the view that the<br \/>\nprosecution has proved the case beyond reasonable doubt and found the accused<br \/>\nguilty under Section 302 IPC and awarded life imprisonment.  Under these<br \/>\ncircumstances, this criminal appeal has arisen before this court at the instance<br \/>\nof the accused appellant.\n<\/p>\n<p>\t3. The learned counsel advancing arguments on behalf of the appellant<br \/>\ninter-alia has made the following submissions:- The occurrence had taken place<br \/>\non 26.07.2004 at about 12.30 pm. The prosecution wanted to project the case<br \/>\nthrough 4 witnesses, out of whom P.Ws.3 and 4 have turned hostile.  P.W.2,<br \/>\nthough he has categorically submitted that he did not know anything about the<br \/>\noccurrence, prosecution did not come forward to treat him hostile.  But his<br \/>\nevidence was worthless and hence the only evidence available was that of P.W.1.<br \/>\nP.W.1 is none else than the son of the deceased and therefore, he is an<br \/>\ninterested witness.  Since he is the son of the deceased, the test of careful<br \/>\nscrutiny has got to be applied and if applied, his evidence could not be<br \/>\nbelieved.  Under such circumstances, the uncorroborated testimony should not<br \/>\nhave been accepted by the lower Court.\n<\/p>\n<p>\t4. The learned counsel would further add that in the instant case, the<br \/>\nmedical opinion was not in support of the prosecution and further in the instant<br \/>\ncase, the alleged arrest, confession and recovery made during the police custody<br \/>\nafter the judicial remand cannot be believed and hence the lower Court should<br \/>\nhave rejected the prosecution case outright.\n<\/p>\n<p>\t5. Advancing the further argument, learned counsel would submit that even<br \/>\nassuming  the factual position of the prosecution case is proved, the proved<br \/>\nfacts would not attract the penal provision of murder.  In the instant case,<br \/>\neven as per the materials available, in particular the FIR, it would be quite<br \/>\nclear that there was a wordy altercation between the accused and the deceased<br \/>\nimmediately before the occurrence and in view of the quarrel, the accused<br \/>\nsuddenly being provoked, went inside the house, took an Aruval and cut him only<br \/>\nonce and therefore, he has not attacked the deceased with an intention to cause<br \/>\nhis death, but only due to sudden provocation, he attacked the deceased and<br \/>\nhence it is not a case of murder, but culpable homicide not amounting to murder.\n<\/p>\n<p>\t6.The court heard the learned Additional Public Prosecutor on the above<br \/>\ncontentions.\n<\/p>\n<p>\t7.The court has paid its anxious consideration on the submissions made and<br \/>\nalso scrutinized the materials available.\n<\/p>\n<p>\t8. It is not in controversy that one Muthupeyandi Thevar, father of P.W.1<br \/>\nwas done to death in an occurrence that took place at about 12.00 noon on the<br \/>\ndate of occurrence viz., 27.06.2004, following which an inquest was made by the<br \/>\nInvestigating Officer.  The dead body was subjected to Post-Mortem.  P.W.9, the<br \/>\nDoctor, who conducted Post Mortem has given an opinion that the deceased would<br \/>\nappear to have died out of shock and hemorrhage due to the injuries sustained by<br \/>\nhim.  The fact that the deceased died out of homicidal violence was never<br \/>\nquestioned by the accused at any point of time and hence it has got to be<br \/>\nrecorded so.\n<\/p>\n<p>\t9. Though  the prosecution projected its case through 4 eyewitnesses viz.,<br \/>\nP.Ws.1 to 4,  P.Ws.3 and 4 have turned hostile.  P.W.2 has categorically<br \/>\nadmitted that he did not know anything about the occurrence and thus the only<br \/>\nevidence available is P.W.1.  It is a well settled position of law that  merely<br \/>\nbecause the witness happened to be the son of the deceased, his evidence need<br \/>\nnot be discarded.  But, before accepting the evidence, the Court must exercise<br \/>\nthe test of careful scrutiny.  If the test is applied to the evidence of P.W.1,<br \/>\nit has got to be accepted since it is convincing and it inspires the confidence<br \/>\nof the Court.  As rightly pointed out by the Court below in the instant case,<br \/>\nhis evidence is fully corroborated by the medical evidence.  In the instant<br \/>\ncase, yet another instance, in the opinion of the Court, is the recovery of<br \/>\nM.O.1, weapon of crime and the confession of the accused while in police<br \/>\ncustody; that the witness has been examined to that effect.  Apart from that the<br \/>\nevidence as to the confession and recovery remain unshaken and hence it would<br \/>\nclearly indicate the nexus of the accused with the crime.  When all these put<br \/>\ntogether, the Court has to necessary accept that part of the case of the<br \/>\nprosecution that it was the accused who attacked the deceased and caused his<br \/>\ndeath.  Now  in the face of the evidence available, the Court is unable to see<br \/>\nany merit in the contention put forth by the learned counsel for the appellant<br \/>\nin those respects.\n<\/p>\n<p>\t10.  Now coming to the question as to the nature of the act of the<br \/>\naccused, the Court has to necessarily agree with the material facts that on the<br \/>\ndate of occurrence, all these P.Ws.1 to 4 along with the deceased were actually<br \/>\nin the house; that at that time, the accused came over there; that he is none<br \/>\nelse than the son-in-law of the deceased; that he made a demand for money; that<br \/>\nhis father-in-law, the deceased gave a denial answer that he did not have money<br \/>\nat all and thereafter the accused was asking for the key of the bureau, to which<br \/>\nalso he denied stating that it was with his daughter; that even from the FIR, it<br \/>\ncould be seen that there was a wordy altercation between the son-in-law and<br \/>\nfather-in-law and in such circumstances, he got provoked and then the accused<br \/>\ncut the deceased with Aruval and attacked him and in such circumstances, he had<br \/>\nno intention of causing murder, but there was a wordy quarrel, following which<br \/>\nthere was a provocation, due to which, the incident had occurred.  In such<br \/>\ncircumstances, the act of the accused cannot be termed as murder, but it would<br \/>\nbe a culpable homicide not amounting to murder.   In such circumstances, the<br \/>\nCourt is of the opinion that the act of the accused would attract the penal<br \/>\nprovision of Section 304(i) of IPC and awarding punishment of 7 years would meet<br \/>\nthe ends of justice.\n<\/p>\n<p>\t11.In the result, the conviction and sentence imposed on the appellant are<br \/>\nmodified and instead the appellant is convicted under Section 304 (i) IPC and is<br \/>\nsentenced to undergo seven years R.I. The sentence already undergone by the<br \/>\nappellant, is ordered to be given set off.    The fine amount imposed by the<br \/>\ntrial Court under Section 302 IPC shall be treated as fine amount under Section<br \/>\n304(i) IPC. With the above modification in conviction and sentence, this<br \/>\ncriminal appeal is dismissed.\n<\/p>\n<p>rg<\/p>\n<p>To\n<\/p>\n<p>1.The Additional District Judge,<br \/>\n  Fast Track Court No.I, Tirunelveli.\n<\/p>\n<p>2.Inspector of Police,<br \/>\n  Palayamkottai Police Station,<br \/>\n  Tirunelveli District.\n<\/p>\n<p>3.The Public Prosecutor,<br \/>\n  Madurai Bench of Madras High Court,<br \/>\n  Madurai.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Pandi Alias Athilpandi vs The State Represented By on 9 January, 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09\/01\/2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.A.NO.531 of 2006 Pandi alias Athilpandi .. Appellant Vs. The State represented by the Inspector of Police, Valanthur Police [&hellip;]<\/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-141170","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Pandi Alias Athilpandi vs The State Represented By on 9 January, 2008 - Free Judgements of Supreme Court &amp; 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-athilpandi-vs-the-state-represented-by-on-9-january-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Pandi Alias Athilpandi vs The State Represented By on 9 January, 2008 - Free Judgements of Supreme Court &amp; 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