{"id":177283,"date":"2008-11-06T00:00:00","date_gmt":"2008-11-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sudalai-vs-the-state-represented-by-the-on-6-november-2008"},"modified":"2015-01-12T18:39:21","modified_gmt":"2015-01-12T13:09:21","slug":"sudalai-vs-the-state-represented-by-the-on-6-november-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sudalai-vs-the-state-represented-by-the-on-6-november-2008","title":{"rendered":"Sudalai vs The State Represented By The on 6 November, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Sudalai vs The State Represented By The on 6 November, 2008<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\t\t\t\t\t\nDATED : 06\/11\/2008\n\nCORAM\nTHE HONOURABLE MR.JUSTICE R.REGUPATHI\nAND\nTHE HONOURABLE MR.JUSTICE R.SUBBIAH\n\nCrl.A(MD)No.417 of 2002\n\n1.Sudalai\n2.Poovammal\t\t\t\t  ...  Accused\/Appellants\n\t\t\t\nVs.\n\nThe State represented by the\n Inspector of Police,\n Mukkudal Police Station\n Crime No.8\/1999\t\t\t  ... Complainant\/Respondent\n\nPrayer\n\nAppeal filed under Section 374 of Cr.P.C., against the conviction\nand sentence passed by the Ist Additional Sessions Judge-Cum-Chief Judicial\nMagistrate, Tirunelveli made in S.C.No.253 of 1999 dated 21.01.2002.\n\n!For Appellants    ...  M\/s.P.Theogaraj\n^For Respondent    ...  Mr.M.Daniel Manoharan\n                        Additional Public Prosecutor\n\n:ORDER\n<\/pre>\n<p>(Judgment of the Court was delivered by R.REGUPATHI, J.)<\/p>\n<p>\tThe second accused is the wife of the 1st accused. P.W.3 is the step-<br \/>\nbrother of A-1 and the husband of the deceased. They were living in adjoining<br \/>\nhouses having a common courtyard.\n<\/p>\n<p>\tIt is the case of the prosecution that A-2 suspected that the deceased was<br \/>\nhaving illicit intimacy with A-1 and under such circumstances, a quarrel arose<br \/>\nbetween the accused and the deceased in which the first accused with the handle<br \/>\nof a weeding spade beat the deceased on the head and the second accused<br \/>\nstrangulated her with Thali string and thereby caused her death, resulting in<br \/>\nregistration of the case.\n<\/p>\n<p>\tThe accused were tried by the learned I Additional District Judge cum<br \/>\nChief Judicial Magistrate, Tirunelveli in S.C.No.253\/1999 on two charges.<br \/>\n\t As per the first charge, on 03.01.1999 at about 6.30 p.m, there was a<br \/>\nwordy quarrel between the accused and the deceased in which the first accused<br \/>\nassaulted the deceased on head with the handle of a weeding spade, thereby, he<br \/>\ncommitted the offence punishable under Section 302 read with 34 IPC. As per the<br \/>\nsecond charge, in the same transaction, after sustaining head injury at the<br \/>\nhands of A-1, on the deceased falling down, A-2 throttled her neck with Thali<br \/>\nstring, resulting in her death, thereby, she committed an offence punishable<br \/>\nunder Section 302 IPC.\n<\/p>\n<p>\tIn order to bring home the guilt of the accused, the prosecution examined<br \/>\nP.Ws.1 to 16, marked Exs.P.1 to 19 and produced M.Os.1 to 6. The learned Trial<br \/>\nJudge, on conclusion of the trial, by order dated 21.01.2002 convicted A-1 under<br \/>\nSection 302 read with 34 IPC and A-2 under Section 302 IPC and sentenced them to<br \/>\nundergo life imprisonment and to pay a fine of Rs.1,000\/- each, in default, to<br \/>\nundergo Rigorous Imprisonment for six months.\n<\/p>\n<p>\tAggrieved against the said order of conviction and sentence, the<br \/>\nappellants have preferred the present appeal.\n<\/p>\n<p>\t2.The prosecution case, as put forth by its witnesses, is concisely<br \/>\nnarrated below:-\n<\/p>\n<p>\tA) P.W.1 is the brother of the deceased. He deposed that 15 days prior to<br \/>\nthe occurrence, the deceased and P.W.3 informed him that  A-2 quarrelled with<br \/>\nthe deceased as if the deceased was having illicit intimacy with A-1.  On<br \/>\n03.01.1999 at about 06.15 p.m., he along with P.W.2 went to the house of the<br \/>\ndeceased and found A-1 assaulting the deceased on the head with the handle of a<br \/>\nweeding spade and A-2 strangulating her with the string of Thali. When P.W.1<br \/>\nwent near raising alarm, A-1 threatened and drove him by showing the spade<br \/>\nhandle. P.W.1 rushed to the nearby garden where P.W.3 was working, informed him<br \/>\nabout the occurrence, returned back along with him to the scene place and found<br \/>\nthe deceased dead. Leaving P.W.3 at the scene of occurrence, P.W.1 accompanied<br \/>\nby P.W.2 went to the police station by walk covering a distance of 15 kms and<br \/>\ngave a complaint (Ex.P.1) at 10.00 p.m.<br \/>\n\tP.W.2, sister&#8217;s husband of the deceased is another eye witness in the case<br \/>\nand he corroborated the testimony of P.W.1. P.W.3 is the husband of the deceased<br \/>\nand he stated about the frequent quarrels between A-2 and the deceased. On being<br \/>\ninformed about the occurrence by P.W.1, he rushed to the occurrence place where<br \/>\nhe found the deceased dead.\n<\/p>\n<p>\tDuring the course of trial, P.W.4, examined as an eye witnesses, turned<br \/>\nhostile.  P.Ws.5 and 6 who attested the  Observation Mahazar; P.Ws.9 and 10,<br \/>\nexamined as witnesses for recording the statement from A-2 and P.Ws.8 and 14,<br \/>\nwho  attested the statement of A-1; did not support the case of the prosecution<br \/>\nand they were treated as hostile.\n<\/p>\n<p>\tP.W.12, the Sub Inspector of Police, on 03.01.1999 at 10.00 p.m., reduced<br \/>\nthe oral complaint given by P.W.1 into writing under Ex.P.1 and registered a<br \/>\ncase in Crime No.8\/99 for an offence punishable under Section 302 IPC. Ex.P.11<br \/>\nis the printed First Information Report.\n<\/p>\n<p>\tP.W.15, the police constable, on receipt of Ex.P.11, printed First<br \/>\nInformation Report at 10.45 p.m., delivered the same to the Investigating<br \/>\nOfficer and to the Judicial Magistrate, Cheranmahadevi, at 11.00 p.m.<br \/>\n\tP.W.16, the Investigating Officer, on receipt of the  information, reached<br \/>\nthe scene of occurrence along with P.W.11 at 11.45 p.m and prepared Observation<br \/>\nMahazar and Rough Sketch Exs.P.15 and 16 respectively in the presence of P.Ws.5<br \/>\nand 6. He conducted inquest over the body of the deceased in the presence of<br \/>\nP.Ws.1 to 3. Ex.P.17 is the inquest report. He forwarded the dead body to the<br \/>\nhospital for the purpose of Post Mortem along with his requisition under Ex.P.4.<br \/>\n\tP.W.7, the Medical Officer, conducted post-mortem on the dead body of the<br \/>\ndeceased on 04.01.1999 at 11.45 p.m., and issued post-mortem Certificate Ex.P.5,<br \/>\nwherein, he noticed the following:-\n<\/p>\n<p>\t&#8220;External Injuries: 1.A ligature mark. Blackish in colour on middle of<br \/>\nneck encircling neck on both sides more to the right horizontalin direction and<br \/>\ninterrupted at the back size 30 cms x 1cms. On dissection there was<br \/>\nextravasation of blood on trachea and underlying tissues . A incised wound 4x1x1<br \/>\ncms on lt pauelat region of scalp vertical in direction close to hair line (AM)\n<\/p>\n<p>3. An incised wound 2x1x1 cms horizontal in direction on middle of scalp (AM)\n<\/p>\n<p>4.Contusion on RT upper part of thigh on lateral aspect size 8&#215;4 cms on<br \/>\ndissection blood clots seen on wound (AM). Skin deep abrasion 3\/4&#215;1\/2cms on RT<br \/>\nangle of mouth (AM). Int.exam: Liver, Spleen, Kidneys, Lungs congested. Heart:<br \/>\nRT side chamber contains 30 ml of dark red Blood.  LT side chamber empty. Lungs<br \/>\nQdamatous and exists frothy blood on dissection stomach contains about 300 gms<br \/>\nof partially digested rice particles.  Intestine distended C-gas. Bladder empty.<br \/>\nuterus enlarged 12 weeks size contains products of conception: Ovaries studded<br \/>\nfollicle of corpus interim on RT side. Both ovaries are enlarged. Vagina<br \/>\nNormal&#8221;.\n<\/p>\n<p>The doctor opined that the deceased would appear to have died of respiratory<br \/>\narrest due to suffocation.\n<\/p>\n<p>\tAfter Post Mortem, on production of the cloths and Thali of the deceased<br \/>\n(M.Os.3 to 6) by P.W.13 police constable, the Investigating Officer despatched<br \/>\nthe same to the Court. In the presence of P.Ws.9 and 10, A-2 was arrested and in<br \/>\npursuance of the voluntary statement given by her, M.O.1 weeding spade was<br \/>\nrecovered under a cover of Mahazar attested by P.Ws.8 and 9. In the presence of<br \/>\nP.Ws.8 and 14, A-1 was arrested and his statement was recorded. The<br \/>\nInvestigating Officer after examination of witnesses and receiving medical and<br \/>\nforensic opinions and on conclusion of the investigation, laid the final report<br \/>\non 20.04.1999 against the first and second accused for an offence punishable<br \/>\nunder section 302 read with 34 IPC, 302 IPC respectively.<br \/>\n\tThe learned trial Judge, on the basis of the incriminating materials<br \/>\nproduced on the side of the prosecution, questioned the accused Under Section<br \/>\n313 Cr.P.C., for which, the accused pleaded not guilty.  On the side of the<br \/>\ndefence D.W.1 was examined and a document was marked as Ex.D.1. D.W.1 is the<br \/>\ncousin of the first accused.  The deceased is also related to him. He was<br \/>\nresiding next to the house of the deceased and the accused. He states that the<br \/>\ndeceased committed suicide by hanging. According to him, accompanied by one<br \/>\nValli, he entered into the room  by removing the front door, brought the body<br \/>\ndown and thereafter, informed the same to P.Ws.1 &amp; 2 and in that regard, a<br \/>\ncomplaint was given to the Police.  Ex.D.1 is the history of the case given by<br \/>\nthe Investigating Officer P.W.16, while giving a requisition to the Medical<br \/>\nOfficer along with Ex.P.4 to conduct post-mortem wherein it has been stated that<br \/>\nA-2 caught hold of the deceased while A-1 assaulted her with stick and<br \/>\nthereafter, A-2 tightened the Thali around the neck of the deceased.\n<\/p>\n<p>\tThe learned Trial Judge, on perusal of the materials placed and<br \/>\nconsidering the arguments advanced on both sides, convicted and sentenced the<br \/>\nappellants as stated supra; hence, the present appeal.\n<\/p>\n<p>\t3.Learned counsel for the appellants submits that P.Ws.1 and 2 are<br \/>\nresiding in the neighbouring village and their presence at the time of<br \/>\noccurrence is doubtful and their statement that at the relevant time, they<br \/>\nvisited the house of the deceased to see the children, is unbelievable. When<br \/>\nother witnesses including D.W.1, the neighbour of the deceased were very much<br \/>\navailable, the prosecution has purposely chosen to examine P.Ws.1 and 2 since<br \/>\nthey happen to be closely related to the deceased viz., brother and sister&#8217;s<br \/>\nhusband respectively of the deceased. P.W.4, though cited as an independent eye<br \/>\nwitness, did not support the case of the prosecution. Almost all the other<br \/>\nwitnesses, who attested the observation Mahazar and statements of the accused,<br \/>\nturned hostile. The ocular testimony of P.Ws.1 and 2 is not sufficiently<br \/>\ncorroborated by the medical evidence through P.W.7.  Though the occurrence is<br \/>\nsaid to have taken place in the court-yard of the houses, the body was found<br \/>\ninside the house and there is no explanation therefor by the prosecution.  The<br \/>\nevidence of D.W.1 is natural and in the event of accepting his evidence, the<br \/>\nprosecution case may be discarded and a conclusion can be reached that the<br \/>\ndeceased committed suicide. In view of the reason that the deceased committed<br \/>\nsuicide, an enquiry under Section 173 Cr.P.C., should have been conducted. At<br \/>\nany rate, even if the evidence of P.Ws.1 and 2 and other materials furnished by<br \/>\nthe prosecution are accepted as truthful and genuine, there was no pre-<br \/>\nmeditation or intention on the part of the accused to kill the deceased. The<br \/>\noccurrence might have taken place all of a sudden subsequent to the wordy<br \/>\nquarrel that took place between the deceased and the accused just prior to the<br \/>\noccurrence. At any rate, the offence under Section 302 IPC is not made out.\n<\/p>\n<p>\t4.Per contra, learned Additional Public Prosecutor submits that the<br \/>\noccurrence took place at 6.30 p.m. and P.W.1 accompanied with P.W.2 by walk<br \/>\nreached the police station covering a distance of about 15 kms and lodged the<br \/>\ncomplaint Ex.P.1 at 10.00 P.M., hence, there was no delay. Ex.P.1 reached the<br \/>\nCourt situated 10 kms away at 11.00 p.m., therefore, there was no possibility at<br \/>\nall to concoct or improve the case against the accused. P.W.12 reduced into<br \/>\nwriting the information furnished by P.W.1 under Ex.P.1 and the same was also<br \/>\nattested by P.W.2, therefore, the First Information Report coming into existence<br \/>\nat the relevant point of time cannot be doubted. The suicide theory as projected<br \/>\nby D.W.1 is falsified when the evidence of the Medical Officer P.W.7 is<br \/>\nappreciated in the proper perspective.  P.W.7 has positively opined that in a<br \/>\ncase of suicide, ligature mark would be slanting on the neck and further opined<br \/>\nthat injury Nos.2 and 4 would have been caused in the manner as put forth by the<br \/>\nprosecution and that the 5th injury would have been sustained due to fall and<br \/>\nthereby the ocular testimony of P.Ws.1 and 2 is corroborated by the medical<br \/>\nevidence. It was the further opinion of the Medical Officer that the death was<br \/>\noccurred only due to injury Nos.1 to 4. It is pointed out that the Investigating<br \/>\nOfficer, in his evidence, has explained the reason for removal of the front door<br \/>\nviz., it was under repair. In Ex.P.1 itself, it is clearly stated that the body<br \/>\nof the deceased was removed from the court-yard to the residence for the purpose<br \/>\nof giving first aid and water to the deceased. It is also stated therein that<br \/>\nthe deceased and the accused indulged in a wordy quarrel, exchanging filthy<br \/>\nlanguage, and only thereafter, the occurrence had taken place. According to him,<br \/>\nthe trial Court has assigned sound reasonings for convicting the accused and its<br \/>\norder does not call for any interference.\n<\/p>\n<p>\t5.We have perused the materials available on record and considered the<br \/>\nsubmissions made on both sides.\n<\/p>\n<p>\t6.A-1 and P.W.3 are brothers through different mothers. They were living<br \/>\nin adjacent houses having common  court yard. The marriage between the accused<br \/>\ntook place only six months prior to the occurrence. After marriage, there used<br \/>\nto be frequent quarrels between the second accused and the deceased since the<br \/>\nsecond accused suspected that the deceased was having illicit intimacy with her<br \/>\nhusband. P.Ws.1 and 3 speak about the frequent quarrels between them prior to<br \/>\nthe occurrence.  Even on the date of occurrence, the quarrel started in a<br \/>\nsimilar manner.  Such aspect is cogently narrated by P.Ws.1 and 2. Though P.W.4,<br \/>\nan independent eye witness, and other witnesses who attested the mahazar as well<br \/>\nas the statement of the accused turned hostile, we are of the considered opinion<br \/>\nthat the case of the prosecution has been substantiated through the ocular<br \/>\ntestimony of P.Ws.1 and 2 corroborated by P.W.7 and other contemporaneous<br \/>\nmaterials. P.W.12 is the Sub Inspector of Police, who recorded the First<br \/>\nInformation Report, which came into existence without delay at 10.00 p.m., and<br \/>\nit reached the Court within an hour. In the First Information Report, the motive<br \/>\npart of the prosecution case as well as the occurrence have been narrated in<br \/>\ndetail. When P.W.1 was nearing the house of the deceased, he could witness the<br \/>\nquarrel between the accused and the deceased and it has been specifically stated<br \/>\nthat they were exchanging vulgar language against each other and under such<br \/>\ncircumstances, on the provocation given by A-2, A-1 is said to have assaulted<br \/>\nthe deceased with stick and A-2 tightened the neck with Thali. Since there used<br \/>\nto be frequent quarrels between the second accused and the deceased, P.W.3,<br \/>\nhusband of the deceased, used to compromise between them, as they are closely<br \/>\nrelated. On that date also, such quarrel ensued, resulting in the occurrence.\n<\/p>\n<p>\t7.On a careful scrutiny of Ex.P.1 and the evidence of P.W.1, we could see<br \/>\nthat there was no intention and premeditation to cause the death of the<br \/>\ndeceased. The deceased was also quarreling with the accused by using filthy<br \/>\nlanguage. Under such circumstances, the occurrence had taken place suddenly.  On<br \/>\nnoticing the nature of injuries described in the Post Mortem Certificate, we<br \/>\ncould infer that there was no intention on the part of the accused. Therefore,<br \/>\nwe hold that the offence under Section 302 IPC is not made out.<br \/>\n\tThe opinion of the Medical Officer is that injury Nos.1 to 4 are<br \/>\nsufficient in the ordinary course to cause death and in the light of the<br \/>\nevidence available, it is clear that those injuries were caused only by A-1 and<br \/>\nA-2. While disbelieving the suicide theory as put forth through D.W.1, we hold<br \/>\nthat the accused have committed culpable  homicide not amounting to murder and<br \/>\nthey are liable to be convicted under Section 304 (i) IPC. The accused 1 and<br \/>\n2\/appellants are aged about 27 and 20 respectively and it is reported that they<br \/>\nare recently married.  Under such circumstances, while convicting them under<br \/>\nSection 304(i) IPC, they are sentenced to undergo imprisonment for 4 years. The<br \/>\nperiod they have already undergone shall be set off. The fine amount of<br \/>\nRs.1000\/- with default clause imposed by the court below is retained.\n<\/p>\n<p>\t8.The criminal appeal is partly allowed subject to the above modification.<br \/>\nIt is reported that the accused are on bail. The Sessions Judge concerned is<br \/>\ndirected to take steps to secure the presence of the accused and commit them to<br \/>\nPrison to undergo the remaining period of sentence, if any.\n<\/p>\n<p>sms<\/p>\n<p>To:\n<\/p>\n<p> The Inspector of Police,<br \/>\n Mukkudal Police Station<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Sudalai vs The State Represented By The on 6 November, 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06\/11\/2008 CORAM THE HONOURABLE MR.JUSTICE R.REGUPATHI AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.A(MD)No.417 of 2002 1.Sudalai 2.Poovammal &#8230; Accused\/Appellants Vs. The State represented by the Inspector of Police, Mukkudal Police Station Crime [&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-177283","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>Sudalai vs The State Represented By The on 6 November, 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\/sudalai-vs-the-state-represented-by-the-on-6-november-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sudalai vs The State Represented By The on 6 November, 2008 - Free Judgements of Supreme Court &amp; 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