{"id":152440,"date":"2008-12-08T00:00:00","date_gmt":"2008-12-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/malaichamy-vs-state-on-8-december-2008"},"modified":"2014-09-10T00:16:52","modified_gmt":"2014-09-09T18:46:52","slug":"malaichamy-vs-state-on-8-december-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/malaichamy-vs-state-on-8-december-2008","title":{"rendered":"Malaichamy vs State on 8 December, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Malaichamy vs State on 8 December, 2008<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\nDATED: 08\/12\/2008\n\nCORAM\nTHE HONOURABLE MR.JUSTICE R.REGUPATHI\nand\nTHE HONOURABLE MR.JUSTICE R.SUBBIAH\n\nCriminal Appeal (MD) No.446 of 2002\n\nMalaichamy,\t\t\t\t\t\t\t.. Appellant\/\nS\/o.Raman.\t\t\t\t\t\t\t   Sole Accused\n\nVs.\n\nState, rep. by Inspector of Police,\nDindigul Taluk  Police Station,\nDindigul District.\t\t\t\t\t\t.. Respondent\/\n(Crime No.646\/1999)\t\t\t\t\t\t   Complainant\n\n\t \tAppeal under Section 374(2) of the Code of Criminal Procedure\nagainst the judgment, dated 28.02.2008, of the learned Principal Sessions Judge,\nDindigul, in S.C.No.80 of 2001.\n\n!For Appellant\t... Mr.M.Suri\n^For Respondent\t... Mr.P.N.Pandithurai,\n\t\t    Addl. Public Prosecutor.\n\n:JUDGMENT\n<\/pre>\n<p>\t(Judgment of the Court was delivered by R.REGUPATHI,J)<\/p>\n<p>\t\t\tChallenging the conviction and sentence imposed on him in the<br \/>\njudgment of the Principal Sessions Judge, Dindigul District, in S.C.No.80\/2002,<br \/>\ndated 28.02.2002, the appellant, who is the sole accused in the case, has filed<br \/>\nthis appeal.  The appellant stands convicted and sentenced to undergo<br \/>\nimprisonment as detailed hereunder.\n<\/p>\n<p>Conviction \t\tSentence<br \/>\nUnder Section 302 IPC   Sentenced to undergo life imprisonment and also to pay a fine of<br \/>\n\t\t\tRs.1000\/-, in default to undergo three years rigorous imprisonment.<br \/>\nUnder Section 379 IPC\tSentenced to undergo one year rigorous imprisonment.<br \/>\nUnder Section 201 IPC\tSentenced to undergo rigorous imprisonment for two years and<br \/>\n\t\t\talso to pay a fine of Rs.500\/-, in default to undergo four months<br \/>\n\t\t\trigorous imprisonment.\n<\/p>\n<p>\t\t\tAll the sentences to run concurrently.\n<\/p>\n<p>\t\t\t2.The allegation against the appellant\/accused is that he, a<br \/>\nmarried man, was having illicit intimacy with the deceased by name Thai @<br \/>\nMariammal.  After sometime, the deceased started to have intimacy with some<br \/>\nother person and on account of that, there was a wordy quarrel between the<br \/>\nappellant\/accused and the deceased.  Thereafter, the appellant\/accused took the<br \/>\ndeceased with him under the guise of compromise the caused her death by<br \/>\nthrottling the neck.\n<\/p>\n<p>\t\t\t3.During the course of trial, three charges  were framed<br \/>\nagainst the appellant\/accused.  As per the 1st charge, the appellant\/accused,<br \/>\nwho had illicit intimacy with the deceased, suspecting that she was having<br \/>\naffair with some other person, indulged in quarrel with her on 25.09.1999 at<br \/>\n6.00 p.m. and, on the same day, at 9.30 p.m., when the deceased came to his<br \/>\nplace incidentally, with an intention to finish her off, under the guise of<br \/>\ncompromising, persuaded the deceased and while she was lying him, murdered her<br \/>\nby throttling the neck and thereby committed an offence punishable under Section<br \/>\n302 IPC.  The 2nd charge was that, after murdering the deceased, the<br \/>\nappellant\/accused took away the golden ear studs and silver anklets worn by her<br \/>\nand thereby committed an offence punishable under Section 379 IPC.  The 3rd<br \/>\ncharge was that, during the course of the same transaction, in order to screen<br \/>\nthe evidence, the appellant\/accused carried the body of the deceased in a gunny<br \/>\nbag  and threw it inside a bush near a pond and thereby, committed an offence<br \/>\npunishable under Section 201 IPC.\n<\/p>\n<p>\t\t\t4.On framing of charges, when the appellant\/accused was<br \/>\nquestioned initially, he denied the charges and pleaded not guilty.  Therefore,<br \/>\nthe trial of the case was taken up.  To prove the charges, the prosecution<br \/>\nexamined as many as 15 witnesses as P.Ws.1 to 15, marked Exs.P-1 to P-17 and<br \/>\nalso produced M.Os.1 to 9.  The learned trial judge, on conclusion of the trial,<br \/>\nconvicted and sentenced the appellant\/accused as stated above.   Hence, this<br \/>\nappeal at the instance of the appellant.\n<\/p>\n<p>\t\t\t5.The case of the prosecution, as discerned from the evidence<br \/>\nof the prosecution witnesses, could be stated thus.\n<\/p>\n<p>\t\t\t(a)P.W.1 is the brother of the deceased.  He, in his evidence,<br \/>\nhas stated that the accused is distantly related to him and was having illicit<br \/>\nintimacy with his sister, the deceased.  On 25.09.1999, the accused came to<br \/>\ntheir residence and quarreled with the deceased, suspecting that the deceased<br \/>\nwas having intimacy with some other persons.  P.W.1 and P.W.2, the father of the<br \/>\ndeceased, intervened and thereafter, the accused left the place.  The deceased<br \/>\nwas also found missing from that night onwards.  P.Ws.1 and 2 searched for the<br \/>\ndeceased and they could not find her.\n<\/p>\n<p>\t\t\t(b)After seven or eight days, on the information given by<br \/>\nP.W.3, P.Ws.1 and 2 went and saw a skeleton inside a bush near a pond and, with<br \/>\nthe help of the cloths found on the skeleton, namely saree, blouse and<br \/>\npetticoat, they could identify the skeleton as that of the deceased.  Further,<br \/>\nin view of the quarrel which took place on 25.09.1999, they suspected the<br \/>\naccused behind the crime.  Therefore, on 04.10.1999 at 08.00 p.m., P.W.1 gave<br \/>\nEx.P-1, the complaint, to P.W.14, the Head Constable.\n<\/p>\n<p>\t\t\t(c)Based on Ex.P-1,  P.W.14 registered a case in Crime No.646<br \/>\nof 1999 under Section 302 IPC and prepared Ex.P-14, the first information<br \/>\nreport, and forwarded the same to the Court and copies thereof to the higher<br \/>\npolice officials, through P.W.13, Grade-I Constable, who, in turn, handed over<br \/>\nthe same to the Court at 10.00 p.m. on the same day.\n<\/p>\n<p>\t\t\t(d)The evidence of P.W.2, the father of the deceased, is also<br \/>\non the same line as that of P.W.1.  During chief examination, as P.Ws.1 and 2<br \/>\nomitted to state certain aspects of the prosecution case which were revealed by<br \/>\nthem during the course of investigation, they were treated as hostile and when<br \/>\ncross-examined by the prosecution, both the witnesses admitted the statement<br \/>\ngiven to the Investigating Officer during investigation and thereby stuck to<br \/>\ntheir earlier version.\n<\/p>\n<p>\t\t\t(e)P.W.3, a distant relative of the deceased, though examined<br \/>\nto substantiate that she saw a skeleton in a bush near a pond and informed the<br \/>\nsame to P.Ws.1 and 2, during the course of trial, she did not support the case<br \/>\nof the prosecution.  P.Ws.4 to 6 were examined to substantiate that the accused<br \/>\nwas last seen together in the company of the deceased.  However, they did not<br \/>\nsupport the prosecution case and therefore they were treated as hostile<br \/>\nwitnesses.\n<\/p>\n<p>\t\t\t(f)P.W.15, the Investigating Officer, on receiving copy of<br \/>\nEx.P-14, FIR, at 10.30 p.m. on 04.10.1999, proceeded to the scene of occurrence,<br \/>\nprepared Ex.P-4, the observation mahazar, in the presence of witnesses.  He also<br \/>\ndrew Ex.P-15, the rough sketch and Ex.P-15, the rough sketch, examined the<br \/>\nwitnesses present there and recorded their statements.  He conducted inquest<br \/>\nover the dead body found in the form of skeleton, and prepared    Ex.P-16, the<br \/>\ninquest report.  He gave a requisition (Ex.P-2) for conducting postmortem on the<br \/>\nskeleton at the place of occurrence itself.\n<\/p>\n<p>  \t\t\t(g)P.W.12, the Head Constable, handed over Ex.P-2,  the<br \/>\nrequisition, to the Government Headquarters Hospital at Dindigul and he was<br \/>\npresent at the time of postmortem.\n<\/p>\n<p>\t\t\t(h)P.W.7, the Medical Officer attached to Government Hospital,<br \/>\nDindigul, on receipt of Ex.P-2, the requisition, conducted postmortem at the<br \/>\nscene of occurrence on 05.10.1999.  He found the dead body of the deceased in a<br \/>\nskeleton form and bones scattered.  He also found lying of a long hair, skull<br \/>\nand other bones. He preserved them for further opinion.  Ex.P-3 is the<br \/>\npostmortem certificate given by P.w.7, wherein, it is stated as follows:<br \/>\n\t&#8220;Spot Post-mortem: Surrounding:- Bank of a Pond with bushes around the<br \/>\nbushes had been cleaned to make path to reach the body.  A skeleton of a female<br \/>\nbody with only some amount of decomposed flesh with maggots around the hip<br \/>\nregion.  The skull without mandible was found separately by the side of the<br \/>\nbody.  No soft tissue on the skull seen.  No contents were seen through the<br \/>\nforamen magnum.  The mandible was found separately by the side of the body.  The<br \/>\nsternum and both scapulae, some ribs and limb bones were found scattered around<br \/>\nthe body.  The hyoid bone was not found in the spot.  A  Copper-T was found in<br \/>\nthe decomposed tissue in the supra pubic area.\n<\/p>\n<p>\tPelvis: Broad with smooth surface, the pelvis brim was circular, Public<br \/>\nsymphysis was lower with square shaped pubis.  Bunch of hair &amp; length about one<br \/>\nfeet was found by the side of the body.\n<\/p>\n<p>\tGenerally, all the bones were light with smooth surface.  The bones of<br \/>\nfeet and hands were not found.\n<\/p>\n<p>\tThe entire skull with mandible and six cervical vertebrae were handed over<br \/>\nto he Investigation Officer.\n<\/p>\n<p>\tOpinion as to the cause of death:  No definite opinion can be given, since<br \/>\nthe body was highly decomposed.&#8221;\n<\/p>\n<p>\t\t\t(i)After postmortem, P.W.12, the constable, recovered M.Os.7<br \/>\nto 9, the saree, the petticoat and the blouse, found on the skeleton, the<br \/>\nmandible bone, the skull and the spinal cord bones and handed over the same to<br \/>\nthe Investigation Officer.  As per the order of Judicial Magistrate No.2,<br \/>\nDindigul, he produced a full size photograph of the deceased and its negative.<br \/>\nHe also took the material objects in the case and handed over the same to the<br \/>\nForensic Department at Chennai for examination and on 27.03.2000, he obtained<br \/>\nchemical examination reports and produced the same before the Judicial<br \/>\nMagistrate Court.\n<\/p>\n<p>\t\t\t(j)P.W.9, the Village Administrative Officer, was present in<br \/>\nhis office on 05.10.1999 at about 9.00 p.m.  At that time, the accused appeared<br \/>\nbefore him and gave a confession, stating that he committed the murder of the<br \/>\ndeceased and thereafter threw the dead body in a bush near a pond.  The accused<br \/>\nalso confessed before P.W.9 to the effect that the ear studs and the anklets<br \/>\nworn by the deceased were taken away by him.  Ex.P-6 is the statement given by<br \/>\nthe accused to P.W.9 and Ex.P-7 is the certificate of P.W.9.  Thereafter, P.W.9<br \/>\ntook the accused to the Inspector of Police and on production before the police,<br \/>\nthe accused gave a voluntary confession statement, admissible portion of which<br \/>\nis marked as Ex.P-8, wherein, he stated that the place where the dead body was<br \/>\nthrown would be identified by him as well as he would produce the ear studs and<br \/>\nanklets.  In pursuance of such statement, the accused took the Investigating<br \/>\nOfficer and the Village Administrative Officer to the scene of occurrence at<br \/>\n10.30 p.m. and produced a gunny bag, marked as M.O.4.  From his house, he<br \/>\nproduced M.Os.2 and 3, the gold ear studs and Silver anklets, respectively.<br \/>\nThereafter, the accused was produced before the court and remanded to judicial<br \/>\ncustody.\n<\/p>\n<p>\t\t\t(k)P.W.10, the Scientific Assistant, Forensic Department,<br \/>\nChennai, on receipt of the skull and the photographs of the deceased, conducted<br \/>\nsuperimposition test and gave her opinion in Ex.P-11, opining that the skull<br \/>\ncould have belonged to the female individual seen in the photograph.  M.O.5 is<br \/>\nthe photograph and M.O.6 is the skull.\n<\/p>\n<p>\t\t\t(l)P.W.15, the Investigating Officer, gave Ex.P-12, the<br \/>\nrequisition, to the court for sending the material objects for chemical analysis<br \/>\nand they were forwarded to the Forensic Laboratory under Ex.P-13, the letter of<br \/>\nthe Court.  After examination of witnesses and receiving opinion from experts,<br \/>\nP.W.15 filed the final report before the Judicial Magistrate concerned.\n<\/p>\n<p>\t\t\t6.The case was committed to the Court of Sessions by the<br \/>\nJudicial Magistrate for trial. On completion of the evidence on the side of the<br \/>\nprosecution, when the appellant\/accused was questioned procedurally under<br \/>\nSection 313 of the Code of Criminal Procedure about the incriminating materials<br \/>\nfound against him in the evidence of prosecution witnesses, he denied all of<br \/>\nthem as false.  On the side of the accused, no witness was examined and no<br \/>\ndocument was marked.   After hearing the arguments advanced by the counsel on<br \/>\neither side and perusal of the materials available, the trial court passed the<br \/>\norder of conviction and sentence as aforementoned.    Hence the present appeal<br \/>\nat the instance of the appellant.\n<\/p>\n<p>\t\t\t7.learned counsel appearing for the appellant, in assailing<br \/>\nthe judgment of the trial court, raised the following points:\n<\/p>\n<p>\t\t(i)Though P.Ws.1 and 2 have spoken to about the relationship between<br \/>\nthe accused and the deceased, the quarrel between them on 25.09.1999 and the<br \/>\nmissing of the deceased from that date onwards, a complaint to that effect has<br \/>\nnot been given to the police immediately.\n<\/p>\n<p>\t\t(ii)In the normal course, a complaint should have been given<br \/>\nimmediately without any lapse of time but, Ex.P-1 has been given after nine<br \/>\ndays,  that too, after a dead body was traced in the form of skeleton near a<br \/>\npond on the information given by P.W.3 and, therefore, the delay in giving<br \/>\ncomplaint is fatal to the prosecution.\n<\/p>\n<p>\t\t(iii)Though suspicion has been raised against the accused, there is<br \/>\nno material to connect him with the crime.\n<\/p>\n<p>\t\t(iv)P.Ws.4 to 6 were examined by the prosecution to substantiate<br \/>\nthat the deceased was last seen alive in the company of the accused but, they<br \/>\ndid not support the case of the prosecution and turned hostile and, therefore,<br \/>\nthe link between the accused and deceased is snapped.\n<\/p>\n<p>\t\t(v)Though skull was recovered, it has not been proved beyond<br \/>\nreasonable doubt that the skeleton was the body of the deceased.\n<\/p>\n<p>\t\t(vi)Even as per the prosecution version, the deceased was having<br \/>\nillicit intimacy with some other persons also and further the deceased indulged<br \/>\nin a quarrel with her family members and, in such a circumstance, it is quite<br \/>\npossible that somebody else might have caused the death of the deceased.\n<\/p>\n<p>\t\t(vii)Though the learned trial judge has held that there are six<br \/>\nincriminating circumstances connecting the accused with the crime, those<br \/>\ncircumstances are not strong enough to prove the guilt of the accused and the<br \/>\nchain of circumstances are not complete and, therefore, benefit of doubt must be<br \/>\ngiven to the appellant\/accused.\n<\/p>\n<p>\t\t\t8.Per contra, learned Additional Public Prosecutor submits<br \/>\nthat though P.W.3, who gave information about the skeleton, has also turned<br \/>\nhostile, the evidence of P.Ws.1 and 2 is natural and they are none else than the<br \/>\nbrother and father, respectively, of the deceased.  It is his further submission<br \/>\nthat P.Ws.1 and 2 have not only spoken to about the relationship of the accused<br \/>\nwith the deceased, but also about the quarrel which ensued between them and the<br \/>\nmissing of the deceased from that night onwards and they also,  in the effective<br \/>\nsearch made by them to find out the deceased, enquired the accused.  He would<br \/>\nfurther submit that the skeleton was identified as that of the deceased by<br \/>\nP.Ws.1 and 2 with the help of the dress materials found on the skeleton and<br \/>\nsubsequently when the ear-studs and the silver anklets, which were recovered<br \/>\nfrom the accused, were shown to them, P.Ws.1 and 2 have correctly identified<br \/>\nthem as that of the deceased and this circumstance connects the accused with the<br \/>\ncrime.  Though the witnesses, who were examined to substantiate the last seen<br \/>\ntheory and the link of the accused with the deceased turned hostile, the<br \/>\nstatement of the accused before the Village Administrative Officer, his<br \/>\nvoluntary confession before the police officer and the recovery of ear studs and<br \/>\nanklets from the accused are sufficient to connect the accused with the crime.<br \/>\nLearned Additional Public Prosecutor further submitted that though it was<br \/>\nstrongly contended by the defence that P.W.9 is not the jurisdictional Village<br \/>\nAdministrative Officer, the fact remains that P.W.9 recorded the confession of<br \/>\nthe accused when it was reported to him by the accused and the same was reduced<br \/>\ninto writing by  him, in the manner known to law and he has also given Ex.P-7<br \/>\ncertificate in that regard.  Thereafter, the accused was produced before the<br \/>\ninvestigating officer for further investigation.  He would point out that during<br \/>\nthe course of investigation, the place where the dead body was thrown was<br \/>\nidentified by the accused himself and the incriminating materials, which were<br \/>\nworn by the deceased and taken away by the accused, have been produced by him.<br \/>\nAccording to the learned Additional Public Prosecutor, the circumstances put-<br \/>\nforth by the prosecution are strong enough to bring home the guilt of the<br \/>\naccused and the chain of circumstances are continuous, leading to the only<br \/>\nconclusion that it was the accused who alone committed the offence and the<br \/>\ncircumstances relied on by the trial court are well founded and the prosecution<br \/>\nhad proved its case beyond reasonable doubt and there is no valid ground to<br \/>\ninterfere with the well considered judgment of the trial court.\n<\/p>\n<p>\t\t\t9.We have heard the counsels on either side and perused the<br \/>\nmaterials on record.\n<\/p>\n<p>\t\t\t10.It emerges from the evidence of the prosecution witnesses<br \/>\nthat the accused is closely related to the deceased.  Further, the accused is a<br \/>\nmarried man and the deceased was an unmarried woman.  However, they themselves<br \/>\nestablished a relationship between them for about one year and such relationship<br \/>\nwas continuing in spite of the objection   by P.Ws.1 and 2 and other family<br \/>\nmembers. The accused suspected  that, apart from him, the deceased had intimacy<br \/>\nwith other person.  The meeting of the accused and the deceased on 29.05.1999 is<br \/>\nspoken to by P.Ws.1 and 2.  On the said date, both the accused and the deceased<br \/>\nquarrelled with each other and thereafter, the deceased was found missing.  On<br \/>\nour assessment, we do not find anything to discredit the evidence of P.Ws.1 and<br \/>\n2 on the above aspect and it is not even suggested that the deceased was having<br \/>\naffair with any  particular person, except the accused.\n<\/p>\n<p>\t\t\t11.Though there is a delay of nine days in giving the<br \/>\ncomplaint Ex.P-1 and such complaint has been given after seeing the skeleton and<br \/>\nconfirming that it was that of the  deceased, the fact remains that there was<br \/>\ncontinuous search by P.Ws.1 and 2 to locate the deceased and ultimately, when<br \/>\nthe skeleton was found near the pond, P.Ws.1 and 2 identified the same as that<br \/>\nof the deceased by seeing the cloths, namely M.Os.7 to 9, found on the skeleton.<br \/>\nFurther, the skeleton found at the scene of occurrence has also been proved to<br \/>\nbe the dead body of the deceased by examination of P.W.10, the Scientific<br \/>\nAssistant, who conducted the superimposition test.  Ex.P-11 is the opinion given<br \/>\nby P.W.10.  On coming to know about the recovery of the dead body and other<br \/>\nmaterial objects from the scene of occurrence, the accused surrendered himself<br \/>\nbefore P.W.9, the Village Administrative Officer, on 05.10.1999.  Though P.W.9<br \/>\nis not the jurisdictional Village Administrative Officer, the recording of the<br \/>\nextra-judicial confession given by the accused to him cannot be disputed.<br \/>\nP.W.9, after following the procedure prescribed, recorded the statement, and<br \/>\nafter assigning Ex.P-7 certificate produced the accused before P.W.15, the<br \/>\nInvestigating Officer.  The statement of the accused before the Village<br \/>\nAdministrative Officer will be considered as extra-judicial confession and such<br \/>\nconfession received sufficient corroboration through the other materials<br \/>\nproduced by the prosecution.\n<\/p>\n<p>\t\t\t12.In addition to the above, in pursuance of the voluntary<br \/>\nconfession statement, the accused identified the place where the dead body was<br \/>\nthrown and further, the gunny bag in which the dead body of the deceased was<br \/>\nshifted to the scene of occurrence and also the jewels worn by the deceased were<br \/>\nrecovered from the residence of the accused, thereby,  the link and the<br \/>\ninvolvement of the accused in the commission of the crime are well established.\n<\/p>\n<p>\t\t\t13.Therefore, we are of the considered view that the chain of<br \/>\ncircumstances are so complete and strong enough, leading to the irresistible<br \/>\nconclusion that it was the accused who committed the crime and the reasonings<br \/>\ngiven by the trial judge in convicting the accused are well founded and we do<br \/>\nnot find any reason whatsoever to disturb the findings of the trial court,<br \/>\nexcept to confirm the  conviction and sentence imposed on the appellant.\n<\/p>\n<p>\t\t\t14.In the result, the appeal fails and the same is dismissed,<br \/>\nconfirming the order of conviction and sentence passed by the trial court.  As<br \/>\nit is reported that the appellant\/accused is on bail, the trial court is<br \/>\ndirected to take steps to secure the presence of the appellant\/accused and<br \/>\ncommit him to jail to undergo the life imprisonment imposed.\n<\/p>\n<p>gb.\n<\/p>\n<p>To:\n<\/p>\n<p>1.The Principal Sessions Judge,<br \/>\n  Dindigul District,<br \/>\n  Dindigul.\n<\/p>\n<p>2.The Inspector of Police,<br \/>\n  Dindigul Taluk  Police Station,<br \/>\n  Dindigul District.\n<\/p>\n<p>3.The Additional Public Prosecutor,<br \/>\n  Madurai Bench of Madras High Court<br \/>\n  Madurai.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Malaichamy vs State on 8 December, 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08\/12\/2008 CORAM THE HONOURABLE MR.JUSTICE R.REGUPATHI and THE HONOURABLE MR.JUSTICE R.SUBBIAH Criminal Appeal (MD) No.446 of 2002 Malaichamy, .. Appellant\/ S\/o.Raman. Sole Accused Vs. State, rep. by Inspector of Police, Dindigul Taluk Police Station, Dindigul District. [&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-152440","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>Malaichamy vs State on 8 December, 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\/malaichamy-vs-state-on-8-december-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Malaichamy vs State on 8 December, 2008 - Free Judgements of Supreme Court &amp; 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