{"id":144388,"date":"2006-07-12T00:00:00","date_gmt":"2006-07-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/subban-vs-inspector-of-police-on-12-july-2006"},"modified":"2018-09-23T12:04:10","modified_gmt":"2018-09-23T06:34:10","slug":"subban-vs-inspector-of-police-on-12-july-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/subban-vs-inspector-of-police-on-12-july-2006","title":{"rendered":"Subban vs Inspector Of Police on 12 July, 2006"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Subban vs Inspector Of Police on 12 July, 2006<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\n\nDATED : 12\/07\/2006\n\n\nCORAM\nTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAM\nAND\nTHE HONOURABLE MR.JUSTICE M.E.N.PATRUDU\n\n\nCRL.A.Nos.1080 of 2000\nCRL.A.Nos.1456 of 2002\n\n\n1.Subban\n2.Velakkapatti alias Vellaichamy\t.. \tAppellants\n\t\t\t\t\t\tin CA 1080\/2000\n\nVeluchamy\t\t\t\t.. \tAppellant in\n\t\t\t\t\t\tCA 1456\/2002\n\nvs\n\n\nInspector of Police\nVadamadurai Police Station\nDindigul Dist.\nCrime No.571 of 1999\t\t\t.. \tRespondent in<\/pre>\n<p>\t\t\t\t\t\tboth appeals<\/p>\n<p>\tCriminal appeals preferred under Sec.374 of the Code of Criminal Procedure<br \/>\nagainst the judgment of the Principal Sessions Judge, Dindigul, made in<br \/>\nS.C.No.30\/2000 and dated 20.10.2000.\n<\/p>\n<p>!For Appellants\t\t&#8230;\tMr.A.Padmanaban<br \/>\n\t\t\t\tfor appellants in CA 1080\/2000<\/p>\n<p>\t\t\t\tMr.S.Nagamuthu<br \/>\n\t\t\t\tAmicus Curiae<br \/>\n\t\t\t\tfor appellant in CA 1456\/2002<\/p>\n<p>For Respondent\t\t&#8230;\tMr.S.P.Samuel Raj, A.P.P.\n<\/p>\n<p>:COMMON JUDGMENT<\/p>\n<p>(Judgment of this Court was delivered by M.CHOCKALINGAM, J.)<\/p>\n<p>\tThis judgment shall govern these two appeals in Crl.A.Nos.1080\/2000 and<br \/>\n1456\/2002, which were filed by A-2 and A-3 and A-1 respectively.\n<\/p>\n<p>\t2.The appellants before this Court stood charged, tried and found guilty<br \/>\nin a case of murder by the Principal Sessions Division, Dindigul, in S.C.No.30<br \/>\nof 2000.  A-1 stood charged under Sec.302 (2 counts) of I.P.C., found guilty and<br \/>\nawarded life imprisonment along with fine for two counts.  A-2 and A-3 stood<br \/>\ncharged under Sec.302 read with 34 (2 counts) of I.P.C., found guilty and<br \/>\nawarded life imprisonment along with fine for each count.  A-1 to A-3 who stood<br \/>\ncharged under Sec.201 (2 counts) of I.P.C., were found guilty and sentenced to<br \/>\ntwo years Rigorous Imprisonment along with fine for each count.  The sentences<br \/>\nwere directed to run concurrently.\n<\/p>\n<p>\t3.The short facts necessary for the disposal of these appeals, shorn of<br \/>\nunnecessary details, can be stated thus:\n<\/p>\n<p>\t(a) P.W.1 is the son of the first deceased Thodakala Gounder.  P.W.8<br \/>\nRajammal, is the daughter of the first deceased.  She was given in marriage to<br \/>\nthe first accused Veluchamy.  The second deceased Lakshmiammal, was the mother<br \/>\nof the first accused.  A-1 was a resident of Kalathur, while A-2 belonged to<br \/>\nPuthumaniarampatti Village.  A-3 also belonged to Kalathur Village. A-2 and A-3<br \/>\nwere associates.  On the information given by A-1 that he was an agriculturist,<br \/>\nP.W.8 was given in marriage to him.  Thereafter, it came to the knowledge of<br \/>\nP.W.1 and his father that he was a Sorcerer.  A-1 had a friend by name Raman,<br \/>\nwho was also associated in the witchcraft of A-1.  After the marriage was over,<br \/>\nP.W.8 came to know that he was carrying on his witchcraft in his house along<br \/>\nwith his associates.  P.W.1, when he went over to the house of A-1, came to know<br \/>\nabout the same.  A few months prior to the occurrence, A-1 accompanied by<br \/>\nothers, went over to the burial ground at witching hour, and when he was<br \/>\nreturning, just in the corner of the house of P.W.6, he made a ditch and was<br \/>\nputting ashes.  The same was witnessed by P.W.7, who shouted at him, and a crowd<br \/>\ngathered.  A-1 was tied in a lamppost along with his father-in-law Thodakala<br \/>\nGounder, and a panchayat was constituted, in which A-1, A-2 and Thodakala<br \/>\nGounder were imposed a fine of Rs.25,000\/- each.  A-2 paid the same.  A-1 had no<br \/>\nmoney.   Thodakala Gounder by mortgaging his properties, got the said amount and<br \/>\npaid the entire sum of Rs.50,000\/- which includes Rs.25,000\/- imposed on A-1.<br \/>\nThereafter, A-1 returned to his place.  Many a demand was made by Thodakala<br \/>\nGounder, the first deceased, for the return of Rs.25,000\/- by his son-in-law, A-\n<\/p>\n<p>1.  He did not pay the same.  Following a quarrel, P.W.8 came to the house of<br \/>\nher father, and she was staying over there.  A-1 came to the village of the<br \/>\nfirst deceased Thodakala Gounder, and made a request to send his daughter to his<br \/>\nhouse, to which course the first deceased Thodakala Gounder, was not amenable.<br \/>\nBut, he would further add that A-1 should return the money of Rs.25,000\/- before<br \/>\ntaking his daughter.\n<\/p>\n<p>\t(b) While the matter stood thus, Thodakala Gounder was informed that he<br \/>\ncan come and get the money from A-1.  For the purpose of getting the money,<br \/>\nThodakala Gounder went to the place of A-1.  When he went over there, A-1 asked<br \/>\nhim to take oleander seeds which was mixed with the gingili oil.  When Thodakala<br \/>\nGounder denied, he was forced by A-1 to consume the same, and A-2 and A-3 were<br \/>\nalso present to intimidate him.  He was administered so, and within a short span<br \/>\nof time, he died.  This was witnessed by P.W.2.  At the time of the occurrence,<br \/>\nthe second deceased Lakshmiammal, the mother of A-1, witnessed the same.  While<br \/>\nshe questioned about the same, they also thought it fit to murder her.  They<br \/>\nfollowed the same procedure adopted to Thodakala Gounder.  Within a short span<br \/>\nof consumption of oleander seeds mixed with gingili oil, she died.  A-2 and A-3<br \/>\nassisted A-1 in both the acts.  Both the dead bodies were buried in the land of<br \/>\nA-1.  Ex.P1, the letter, was addressed by A-1 as if it was written by his<br \/>\nfather-in-law Thodakala Gounder, to P.W.1 stating that he could take P.W.8 also<br \/>\nto his place.  P.W.1 handed over the letter to P.W.10, one of the important<br \/>\npersons of the village, who in turn handed over to P.W.4, a practising Lawyer.<br \/>\nOn 28.11.1999, P.W.1 accompanied by P.Ws.3, 4 and 10, went to the house of A-1<br \/>\nand made an enquiry.  But, A-1 was giving evasive answers, and thereafter, A-1<br \/>\ncame forward to give a confession wherein he has narrated the entire incident,<br \/>\nin which both of them were murdered.  Thereafter, P.W.1 went to Vadamadurai<br \/>\nPolice Station on 30.11.1999 and gave Ex.P2, the report.  On the strength of<br \/>\nEx.P2, P.W.28, the Inspector of Police, registered a case in Crime No.571\/99<br \/>\nunder Sections 302 and 201 of I.P.C.  The printed First Information Report,<br \/>\nEx.P30, was despatched to the Court.\n<\/p>\n<p>\t(c) P.W.28, the Inspector of Police, took up investigation.  He gave a<br \/>\nrequisition to P.W.17, the Tahsildar of Vadasendur.  He also sent a requisition<br \/>\nto the Medical Person attached to the Government Hospital for the purpose of<br \/>\nautopsy.  Accompanied by P.W.25, the Doctor, attached to the Government<br \/>\nHospital, P.W.17, the Tahsildar, proceeded to the place of occurrence.  A-1 was<br \/>\narrested on 2.12.1999 at 7.00 A.M. in the presence of P.W.20, the Village<br \/>\nAdministrative Officer.  Thereafter, he gave a confessional statement which was<br \/>\nalso recorded in the presence of two witnesses.  Following the same, he<br \/>\nidentified the place where both the dead bodies were buried, and they were<br \/>\nexhumed in the presence of the Tahsildar. After exhumation of both the dead<br \/>\nbodies, the observation mahazar in that regard and sketch were prepared.<br \/>\nThereafter, P.W.17 conducted inquest on the dead bodies of Thodakala Gounder and<br \/>\nLakshmiammal and prepared Exs.P9 and P10, the inquest reports, respectively.\n<\/p>\n<p>\t(d) P.W.25, the District Police Surgeon, Professor of Forensic Medicine,<br \/>\nMadurai Medical College, Madurai, conducted autopsy on the dead bodies of<br \/>\nThodakala Gounder and Lakshmiammal in the presence of Tahsildar and witnesses<br \/>\nand prepared two postmortem certificates, Exs.P24 and P27 respectively.  The<br \/>\nviscera of both the deceased were retained for the purpose of analysis.  On<br \/>\nreceipt of the viscera report, the Doctor has opined that both the deceased<br \/>\nwould appear to have died of oleander poisoning about 12 to 15 days prior to<br \/>\npostmortem.\n<\/p>\n<p>\t(e) Following the confessional statement given by A-1, A-2 and A-3 were<br \/>\narrested.  On their confession, two spades were also recovered.  They were all<br \/>\nsent to judicial remand.  All the material objects recovered from the place of<br \/>\noccurrence and from the dead body, were subjected to chemical analysis.  Ex.P28<br \/>\nis the Chemical Analyst&#8217;s report.  On completion of the investigation, the<br \/>\nInvestigator filed the final report.\n<\/p>\n<p>\t4.The case was committed to Court of Session, and necessary charges were<br \/>\nframed against the accused.  In order to substantiate the charges levelled<br \/>\nagainst the appellants\/accused, the prosecution marched 29 witnesses and relied<br \/>\non 32 exhibits and 18 material objects.  On completion of the evidence on the<br \/>\nside of the prosecution, the accused were questioned under Sec.313 of Cr.P.C. as<br \/>\nto the incriminating circumstances found in the evidence of the prosecution<br \/>\nwitnesses, which they flatly denied as false.  No defence witness was examined.<br \/>\nOn completion of the trial, both sides were heard by the trial Court.  After<br \/>\ndoing so and going through the materials, the trial Court found all of them<br \/>\nguilty as per the charges and awarded punishments referred to above.  Hence,<br \/>\nthese appeals at the instance of the appellants before this Court.\n<\/p>\n<p>\t5.Arguing for the respective appellants, the learned Counsel would submit<br \/>\nthat in the instant case, the prosecution had only one witness to speak about<br \/>\nthe crime that was P.W.2; that P.W.2 has also turned hostile, and thus, the<br \/>\nprosecution had no direct evidence to offer; that under the circumstances, the<br \/>\nprosecution rested its case only on the circumstantial evidence; that in the<br \/>\ninstant case, not even one circumstance was available for the prosecution, which<br \/>\nwould connect the accused with the crime; that in the instant case, according to<br \/>\nthe prosecution, the occurrence has taken place on 18.11.1999 at 7.00 P.M., in<br \/>\nwhich both the deceased Thodakala Gounder, the father of P.W.1, and<br \/>\nLakshmiammal, the mother of A-1, were killed by administering oleander seeds<br \/>\nmixed with gingili oil by A-1 with the assistance of A-2 and A-3, where they<br \/>\nshared the common intention, and following the same, they buried the dead bodies<br \/>\nin the land of A-1, which came to the knowledge of P.Ws.1, 3, 4 and 10 on<br \/>\n28.11.1999, pursuant to the letter Ex.P1, alleged to have been written by A-1 to<br \/>\nP.W.1; that in the instant case, in order to prove any one of the above facts,<br \/>\nthe prosecution has not brought forth any circumstance which could be accepted<br \/>\nby the Court; that according to the prosecution, the occurrence has taken place<br \/>\non 18.11.1999; but, P.W.1 came to know only in pursuance of the letter alleged<br \/>\nto have been written by A-1, which is marked as Ex.P1; that there is no evidence<br \/>\nthrough which the prosecution can prove that it was the letter written by A-1;<br \/>\nand that from 18.11.1999 onwards, for a period of 10 days, either P.W.1 or other<br \/>\nfamily members did not make any search in respect of Thodakala Gounder.\n<\/p>\n<p>\t6.The learned Counsel would further submit that according to P.Ws.1 and 8,<br \/>\nthe son and daughter of Thodakala Gounder respectively, the letter was received,<br \/>\nand after receipt of the letter, it was handed over to P.W.10, one of the<br \/>\nimportant persons of the village; that according to P.W.10, he handed over the<br \/>\nsame to his brother, P.W.4, a practising Advocate; that all of them namely<br \/>\nP.Ws.1, 3, 4 and 10, went to the house of A-1 at Kalathur on 28.11.1999, and<br \/>\nwhen they made enquiry, there were evasive answers by A-1; that according to the<br \/>\nprosecution, when he made confession, he came out with truth as to the<br \/>\noccurrence; that at this juncture, it has to be pointed out that this piece of<br \/>\nevidence namely extra-judicial confession alleged to have been given by A-1 to<br \/>\nP.Ws.1, 3, 4 and 10, was much relied on by the prosecution and accepted by the<br \/>\nlower Court also; that it has to be stated that though the entire narration of<br \/>\nthe incident was made on 28.11.1999 itself, they went to the Police Station only<br \/>\non 30.11.1999; but, for a period of nearly 2 days, they did not even whisper to<br \/>\nanybody; that P.W.4 was a practising lawyer; that had it been true, there was no<br \/>\nimpediment for any one of the witnesses and in particular P.W.4, to go over to<br \/>\nthe Police Station to set the law in motion; that the prosecution has no<br \/>\nexplanation to offer; and that under the circumstances, it is highly doubtful<br \/>\nwhether such an extra-judicial confession could have been made by A-1 at that<br \/>\ntime as put forth by the prosecution.\n<\/p>\n<p>\t7.Added further the learned Counsel that according to the Investigating<br \/>\nOfficer, a case came to be registered by the respondent police on 30.11.1999<br \/>\ni.e., after two days from the date of the alleged extra-judicial confession;<br \/>\nthat the circumstances much relied on by the prosecution is the communication,<br \/>\naddressed to P.W.17, the Tahsildar; that on receipt of the communication, he<br \/>\ncame to the spot on 2.12.1999 during which A-1 came forward to give a<br \/>\nconfessional statement; that apart from that, he identified the place where both<br \/>\nthe dead bodies were buried, and they were exhumed; that this part of the<br \/>\nevidence was much relied on by the prosecution and accepted by the lower Court<br \/>\nalso; but, Ex.P7 is the communication addressed by the respondent police to the<br \/>\nTahsildar; that a perusal of Ex.P7 would clearly reveal that the same was<br \/>\naddressed to the Tahsildar on 30.11.1999; that if to be so, the Tahsildar came<br \/>\nto the spot only on 2.12.1999; that the explanation tendered by the prosecution<br \/>\nthat the postmortem Doctor was not available, and therefore, the Tahsildar<br \/>\nwaited for two days, cannot be a reason; that in the instant case, the fact that<br \/>\nA-1 has identified the place where both the dead bodies were buried, was of no<br \/>\nuse to the prosecution since it was not one recovered following any confession<br \/>\ngiven by A-1, and also for the simple reason that even as per the communication<br \/>\naddressed to the Tahsildar by the respondent police under Ex.P7, the place where<br \/>\nthe dead bodies were buried, came to the knowledge of the police on 30.11.1999<br \/>\nitself, and therefore, the fact that the dead bodies were identified by the<br \/>\naccused on 2.12.1999 in the presence of the Tahsildar was of no consequence;<br \/>\nthat it cannot be stated that it was a fact recovered pursuant to a confessional<br \/>\nstatement made, and thus, this part of the evidence was also not available for<br \/>\nthe prosecution.\n<\/p>\n<p>\t8.The learned Counsel would further submit that so far as A-2 and A-3 are<br \/>\nconcerned, there is no whisper about both of them by the prosecution witnesses;<br \/>\nthat even in the first complaint made, there is nothing to connect A-2 and A-3<br \/>\nwith the crime in question; that apart from that, any amount of confessional<br \/>\nstatement made by A-1, would not bind them; that the prosecution also relied<br \/>\nupon the recovery of two spades from these two accused, which was of no<br \/>\nconsequence; that simply because there was recovery of two spades, it cannot be<br \/>\ntaken that the prosecution has proved the guilt of A-2 and A-3; that in the<br \/>\ninstant case, the lower Court has also relied on the scientific evidence<br \/>\nindicating that poisonous substance was found in the body of both the deceased,<br \/>\nwhich would be of no avail, for the simple reason that the prosecution had no<br \/>\nevidence to prove that it was A-1 who joined with A-2 and A-3, for administering<br \/>\nthe said poisonous substance; that under the circumstances, the prosecution had<br \/>\nno evidence to offer; but, the lower Court has found them guilty and hence, they<br \/>\nare entitled for an acquittal in the hands of this Court.\n<\/p>\n<p>\t9.The Court heard the learned Additional Public Prosecutor on the above<br \/>\ncontentions.\n<\/p>\n<p>\t10.It is not in controversy that following the complaint given by P.W.1 to<br \/>\nthe respondent police, and the communication addressed by the respondent police<br \/>\nto P.W.17, the Tahsildar, both the dead bodies of Thodakala Gounder and<br \/>\nLakshmiammal, were exhumed in the presence of the Tahsildar, and inquest was<br \/>\nmade.  Thereafter, both the bodies were subjected to postmortem, and the Doctor<br \/>\nhas also given his opinion to the effect that both of them died out of oleander<br \/>\npoisoning.  From the evidence, it is clear that both Thodakala Gounder and<br \/>\nLakshmiammal died out of homicidal violence.  It is not a fact disputed by the<br \/>\nappellants either before the trial Court or before this Court, and hence, it<br \/>\ncould be safely recorded so.\n<\/p>\n<p>\t11.Now, the next question that would arise for consideration is whether<br \/>\nthe prosecution has proved the guilt of the accused beyond reasonable doubt.<br \/>\nAccording to the prosecution, the motive for A-1 to murder his father-in-law,<br \/>\nthe first deceased, Thodakala Gounder, was that there was a panchayat, in which<br \/>\nthe first deceased paid Rs.50,000\/- i.e., Rs.25,000\/- for himself and<br \/>\nRs.25,000\/- on behalf of the son-in-law, A-1, and he was making a demand<br \/>\ntherefor, and he also refused to send his daughter, P.W.8, to the house of A-1,<br \/>\nand therefore, A-1 became aggrieved.  It is the case of the prosecution that<br \/>\nwhen Thodakala Gounder went over to demand the same, A-1 administered oleander<br \/>\nseeds mixed with gingili oil, and when Thodakala Gounder denied, he was<br \/>\ncompelled to consume it, and this was done by A-1 with the assistance of A-2 and<br \/>\nA-3, and thus, they caused his death.  The further case of the prosecution is<br \/>\nthat when it was witnessed by Lakshmiammal, the mother of A-1, she was also done<br \/>\nto death in the same manner. In order to establish the charges, the prosecution<br \/>\nexamined only one eyewitness P.W.2.  P.W.2 has turned hostile, and a reading of<br \/>\nher evidence would disclose that the same could not be used for the prosecution<br \/>\ncase at any point.  Thus, the prosecution had rested its case only on the<br \/>\ncircumstantial evidence. In the instant case, the prosecution relied on the<br \/>\nfollowing circumstances:\n<\/p>\n<p>(i) A letter was written by A-1 to P.W.1, wherein he invited him to come to his<br \/>\nhouse along with his wife P.W.8;\n<\/p>\n<p>(ii) At the time when P.Ws.1, 3, 4 and 10 went to his house,   A-1 made extra-<br \/>\njudicial confession narrating the entire incident;\n<\/p>\n<p>(iii) After the case was registered, at the time of the inquest,  A-1 identified<br \/>\nthe place where both the dead bodies were actually buried;\n<\/p>\n<p>(iv) The poisonous substance was found in the dead bodies; and\n<\/p>\n<p>(v) Pursuant to the confession made by A-2 and A-3 on their arrest, the<br \/>\nInvestigator recovered two spades.\n<\/p>\n<p>The above are the only circumstances relied on by the prosecution. When the<br \/>\nevidence available is scrutinised, this Court is of the considered opinion that<br \/>\nthough the prosecution made an attempt to prove the case with the aid of the<br \/>\nabove five circumstances, no one of the circumstances was pointing to the guilt<br \/>\nof the accused.\n<\/p>\n<p>\t12.In the instant case, it is an admitted fact that from 18.11.1999,<br \/>\nThodakala Gounder was not found.  P.W.1, his son, and P.W.8, his daughter, did<br \/>\nnot make any attempt to search Thodakala Gounder till the time when P.W.1 gave a<br \/>\ncomplaint to the police; but, P.W.1 came forward to give evidence stating that<br \/>\nhe received a letter Ex.P1.  A reading of the letter would indicate that P.W.1<br \/>\nwas invited by A-1 along with his wife P.W.8 to the house of A-1.  According to<br \/>\nP.W.1, he handed over this letter to P.W.10 one of the important persons of the<br \/>\nvillage, who in turn handed over to P.W.4, Murugan, a practising Advocate, and<br \/>\nall of them went to the house of A-1 on 28.11.1999.  All the four witnesses<br \/>\nP.Ws.1, 3, 4 and 10, have spoken to the fact that A-1 made a confessional<br \/>\nstatement to all of them narrating the entire incident.  Thus, from the evidence<br \/>\nof the prosecution witnesses, it would be quite clear that the murder of both<br \/>\nthe deceased came to the knowledge of these four witnesses on 28.11.1999 itself.<br \/>\nIf to be so, at least one of the witnesses and in particular P.W.4, a practising<br \/>\nLawyer, would have gone to the Police Station to give a complaint immediately.<br \/>\nBut, the complaint was given by P.W.1 to the Inspector of Police only on<br \/>\n30.11.1999.  What was the reason for such a delay remained unexplained.  At this<br \/>\njuncture, it has to be pointed out that P.W.4, a practising Lawyer, even after<br \/>\nhearing such a narration of the incident, did not go to the Police Station, and<br \/>\ninstead, he kept quiet without making any complaint to the police.  It can be<br \/>\nwell stated that he has not done anything at that time.  Thus, it casts a doubt<br \/>\nwhether A-1 would have made such an extra-judicial confession to P.Ws.1, 3, 4<br \/>\nand 10 at that juncture.\n<\/p>\n<p>\t13.After the case was registered by the police on 30.11.1999, a<br \/>\ncommunication, Ex.P7, was addressed to P.W.17, the Tahsildar.  A perusal of<br \/>\nEx.P7, the letter, would clearly reveal that the communication was addressed on<br \/>\n30.11.1999.  P.W.17, the Tahsildar, has deposed to the effect that he received<br \/>\nthe communication on 30.11.1999 itself.  According to P.W.17, he informed to the<br \/>\npostmortem Doctor, P.W.25, and he was able to get the Doctor&#8217;s help only on<br \/>\n2.12.1999, and when he took him to the place of burial of the dead bodies of<br \/>\nThodakala Gounder and Lakshmiammal, it was identified by A-1.  This is a  strong<br \/>\ncircumstance, relied on by the prosecution and also accepted by the lower Court.<br \/>\nBut, this Court is of the considered opinion that it was in no way helpful to<br \/>\nthe prosecution case.  A perusal of Ex.P7 would indicate that it gives a<br \/>\nnarration of the entire story of the prosecution case.  Apart from that, the<br \/>\nplace where both the dead bodies were buried, was known to the police even on<br \/>\n30.11.1999.  If to be so, it cannot be said to be a recovery of a fact on the<br \/>\nconfession made by A-1, after he was arrested on 2.12.1999.  Thus, the<br \/>\nidentification of the burial place by A-1 on 2.12.1999 was nothing but a<br \/>\nsubsequent introduction, since it was already known to the police; but, the<br \/>\npolice has not taken any steps in that regard.  In such circumstances, it cannot<br \/>\nbe stated to be a recovery made by the police, following the confessional<br \/>\nstatement made by A-1, and the same cannot be claimed to be one under Sec.27 of<br \/>\nthe Evidence Act.  Thus, that part of the evidence was of no use to the<br \/>\nprosecution case.\n<\/p>\n<p>\t14.So far as the letter alleged to have been written by A-1, which was<br \/>\nmarked as Ex.P1, and which was also handed over to the Police Officer at the<br \/>\ntime of the registration of the case, is concerned, there is no material<br \/>\navailable to show that it was one written by A-1.  Apart from that, the chemical<br \/>\nreport, which would speak about the availability of poisonous substance in the<br \/>\ndead bodies was of no help to the prosecution case since mere presence of the<br \/>\npoisonous substance in the dead bodies cannot be taken as proof for the<br \/>\nprosecution case to the effect that it was administered by the accused.  Thus,<br \/>\nthis part of the evidence and circumstance relied on by the prosecution would in<br \/>\nno way connect A-1 with the crime.\n<\/p>\n<p>\t15.So far as A-2 and A-3 are concerned, what was available for the<br \/>\nprosecution was only the recovery of two spades from them pursuant to their<br \/>\narrest and confession.  Merely because there was recovery of two spades from A-2<br \/>\nand A-3, it cannot be stated that they shared the common intention of A-1, or<br \/>\nthey got any nexus to the crime in question.  At the same time, it cannot also<br \/>\nbe taken that the culpability of these accused has been proved.  Added<br \/>\ncircumstance is that at the time when the complaint was made, the names of A-2<br \/>\nand A-3 were not mentioned in the F.I.R.  Even in Ex.P2, the complaint, which<br \/>\ncame into existence on 30.11.1999, the names of A-2 and A-3 were not mentioned.<br \/>\nThis is a strong circumstance in favour of A-2 and A-3.\n<\/p>\n<p>\t16.Therefore, the cumulative fact is that there is a case where the<br \/>\nprosecution rested the same on circumstantial evidence; but, the circumstances<br \/>\nare neither placed in full nor pointing to the guilt of the accused as narrated<br \/>\nabove.  In the instant case, it cannot be stated that the prosecution has proved<br \/>\nthe charges levelled against them, in any way.  Under the circumstances, the<br \/>\nconviction and sentence imposed by the lower Court on the appellants have got to<br \/>\nbe set aside, and accordingly, all the appellants\/A-1 to A-3 are entitled for an<br \/>\nacquittal.\n<\/p>\n<p>\t17.In the result, both these criminal appeals are allowed, setting aside<br \/>\nthe judgment of conviction and sentence passed by the lower Court.  The<br \/>\nappellants\/A-1 to A-3 are  acquitted of all the charges levelled against them.<br \/>\nThey<\/p>\n<p>are directed to be released forthwith unless their presence is required in any<br \/>\nother case.  The fine amounts paid by them, if any, will be refunded to them.<br \/>\n\tMr.S.Nagamuthu, appointed as Amicus Curiae to argue the appeal in<br \/>\nC.A.No.1456\/2002 on behalf of the appellant, is entitled to get remuneration<br \/>\nfrom the Legal Aid, Madurai.\n<\/p>\n<p>To:\n<\/p>\n<p>1)The Principal Sessions Judge, Dindigul\n<\/p>\n<p>2)The Inspector of Police<br \/>\n   Vadamadurai Police Station<br \/>\n   Dindigul Distict, (Crime No.571 of 1999)\n<\/p>\n<p>3)The Public Prosecutor<br \/>\n   Madurai Bench of Madras High Court<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Subban vs Inspector Of Police on 12 July, 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12\/07\/2006 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE M.E.N.PATRUDU CRL.A.Nos.1080 of 2000 CRL.A.Nos.1456 of 2002 1.Subban 2.Velakkapatti alias Vellaichamy .. Appellants in CA 1080\/2000 Veluchamy .. Appellant in CA 1456\/2002 vs [&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-144388","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>Subban vs Inspector Of Police on 12 July, 2006 - 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\/subban-vs-inspector-of-police-on-12-july-2006\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Subban vs Inspector Of Police on 12 July, 2006 - Free Judgements of Supreme Court &amp; 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