{"id":46973,"date":"2005-08-10T00:00:00","date_gmt":"2005-08-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rangasamy-gnanaprakasam-vs-state-rep-by-on-10-august-2005"},"modified":"2015-06-27T13:13:26","modified_gmt":"2015-06-27T07:43:26","slug":"rangasamy-gnanaprakasam-vs-state-rep-by-on-10-august-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rangasamy-gnanaprakasam-vs-state-rep-by-on-10-august-2005","title":{"rendered":"Rangasamy @ Gnanaprakasam vs State Rep. By on 10 August, 2005"},"content":{"rendered":"
Madras High Court<\/div>\n
Rangasamy @ Gnanaprakasam vs State Rep. By on 10 August, 2005<\/div>\n
       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS           \n\nDATED :10\/08\/2005  \n\nCORAM   \n\nTHE HONOURABLE MR JUSTICE  N.DHINAKAR           \nand \nTHE HONOURABLE MR JUSTICE  M.CHOCKALINGAM             \n\nCriminal Appeal No. 85 of 2000\n\n\nRangasamy @ Gnanaprakasam                              ... Appellant.\n\nVs \n\nState rep. by\nInspector of Police,\nKadambur Police Station, \nErode District.                                         ... Respondent\n\n\nPrayer:  Appeal against the judgment  passed  by  the  learned  II  Additional\nSessions Judge, Erode, in S.C.No.  145 of 1999 dated :  22.12.19 99.\n\n!For Appellant  :  Mr.T.Munirathina Naidu for M\/s.R.T.Doraisamy.\n\n^For Respondent :  Mr.V.M.R.Rajendran Addl.  Public Prosecutor.\n\n\n:JUDGMENT   \n<\/pre>\n
(Judgment of the Court was delivered by M.CHOCKALINGAM,J)    <\/p>\n
        The judgment of the II Additional District Sessions Court, Erode, made
\nin S.C.No.145 of 1999, wherein the accused\/appellant stood charged, tried  and
\nfound guilty  under  Section 302 IPC.  and awarded life imprisonment, is under
\nchallenge in this appeal.       2.   The  case  of  the  prosecution   is   as
\nfollows:i.The  accused\/appellant was living with his wife, the deceased in the
\ncase, at Sathyamangalam.  He was working as a cleaner in a  lorry,  in  which,
\nP.W.1 was working  as  a  driver.    The  accused\/appellant  and  P.  W.1 were
\ncousins.  P.W.1 used to go to the house of the accused\/ appellant  and  later,
\nhe developed  illicit  intimacy with the wife of the accused\/appellant.  P.W.4
\nis the brother of the deceased.  The fact that  P.W.1  and  the  deceased  had
\nillicit  intimacy  was  not known to the accused\/appellant till both P.W.1 and
\nthe deceased left the place on 11.4.1999.  On 12.4.1999, the accused\/appellant
\ngave a complaint at Kadambur Police Station reporting about  the  same.    The
\npolice  called P.W.1 and the deceased and also the accused\/appellant, enquired
\nthem and the matter is pending.\n<\/p>\n
ii.  While the matter stood thus, P.W.1 and the deceased again decided  to  go
\nover to  some  other  place  to eke their livelihood.  Hence, P.W.1 sought the
\nhelp of P.W.2 and asked him to wait with his TVS  50  moped  in  a  particular
\nplace.   On  the night of 13.4.1999, P.W.2 was waiting nearby the house of the
\naccused\/appellant.   At   about   1.00   a.m.,   near   the   house   of   the
\naccused\/appellant,  the deceased and P.W.1 were standing and talking with each
\nother.  At that time, P.W.4, the brother  of  the  deceased,  and  P.W.3,  the
\nfriend of  P.W.1, were also coming to that place.  They also saw P.W.1 and the
\ndeceased standing in front of the house of the accused\/appellant.   P.W.2  was
\nalso standing   nearby   with   his  TVS  50  moped.    On  seeing  this,  the
\naccused\/appellant questioned his wife as to where she was going.   So  saying,
\nhe  took  the  wooden  part of a spade and attacked her on her head and on her
\nface.  On seeing this, P.W.1  attempted  to  escape.    The  accused\/appellant
\nchased him,  but  he could not attack him.  P.W.1 went in the moped along with
\nP.W.2 and escaped from the place.\n<\/p>\n
iii.On 14.4.1999 at about 6.00 a.m., the accused appeared before  P.W.10,  the
\nSub  Inspector  of  Police,  Kadmabur  Police Station, who was on duty at that
\ntime, and gave a statement, which was recorded by him.  On the  basis  of  the
\nsaid  statement,  a  case  in Crime No.19 of 1999 came to be registered by the
\nrespondent police under Section 302 of I.  P.C.  The first information  report
\nprepared under  Ex.P-14  was  despatched  to  the  Court.   At about 7.30 a.m.
\nP.W.10  arrested  the  accused  and  recovered  M.O.9,  the   shirt   of   the
\naccused\/appellant under a cover of Ex.P-15 mahazar in the presence of P.W.5.\n<\/p>\n
iv.On receipt of the copy of the printed first information report, P.W.11, the
\nInspector of Police, Bangalapudur Police Station, took up investigation in the
\ncase, and  questioned  the  accused\/appellant  at  the  police  station.    He
\nvolunteered to give a  confessional  statement,  which  was  recorded  by  the
\ninvestigating officer in  the  presence  of  P.   W.5.  The admissible part is
\nmarked under Ex.P-1, pursuant to  which,  he  produced  M.O.1.    The  officer
\nrecovered the  same  under  Ex.P-2 mahazar attested by witnesses.  Thereafter,
\nthe investigating officer proceeded  to  the  scene  of  occurrence,  made  an
\ninspection  and  prepared an observation mahazar under Ex.P-3 and drew a rough
\nsketch under Ex.P-1 6 mahazar.  He also recovered from the place of occurrence
\nM.O.2, blood stained earth, and M.O.3, sample earth and other material objects
\nunder a cover of mahazar.  Photographs, M.O.4 series,  were  taken  and  M.O.5
\nseries are  their negatives.  At the place of occurrence, he conducted inquest
\non the dead body in the presence of Panchayatdars and witnesses  and  prepared
\nEx.P-17 mahazar.    Thereafter,  he  issued  a  requisition  to the doctor for
\nconducting autopsy.\n<\/p>\n
v.On receipt of the  requisition,  P.W.6,  the  Medical  Officer  attached  to
\nGovernment  Hospital,  Sathyamangalam,  conducted  autopsy on the dead body of
\nIndira and found the following injuries:-\n<\/p>\n
1.A lacerated wound on the right side of the nose including right side of  the
\nface 7cm x 3cm x 3cm.\n<\/p>\n
2.Fracture on the right side of the nasal bone.\n<\/p>\n
3.Fracture on the right side of the maxilla.\n<\/p>\n
4.Contusion on  the left side of the neck collar region.  On dissection, blood
\nclots were seen.\n<\/p>\n
5.Contusion on the front of right side of the chest.  Black  in  colour.    On
\ndissection, blood clots were seen.  Hyoid bone was found intact.\n<\/p>\n
6.Abrasion on the right knee 2cmx 3cm.\n<\/p>\n
7.Multiple abrasions on both legs.\n<\/p>\n
8.A  lacerated  wound on the right occipital region horizontally 4 cm x 3 cm x
\nbone depth.\n<\/p>\n
9.A lacerated wound left parietal region 6cmx5cmxbone deep.    On  dissection,
\nfracture of  left  parietal  bone  was noted.  Blood clots were present in the
\nbrain.\n<\/p>\n
The doctor has issued  the  post-mortem  certificate  under  Ex.P-6  with  his
\nopinion  that  the deceased would appear to have died of shock and haemorrhage
\ndue to head injury about 24 hours prior to autopsy.\n<\/p>\n
vi.In the meantime, the accused\/appellant was sent to judicial  remand.    All
\nthe  material objects recovered from the place of occurrence and from the dead
\nbody were subjected to chemical analysis by  the  Forensic  Department.    The
\nChemical  Analyst’s  report  under  Ex.P-10  and the Serologist’s report under
\nEx.P-11 were obtained and placed before the Court.  The investigating officer,
\nafter  completing  investigation,  filed  the   final   report   against   the
\naccused\/appellant.\n<\/p>\n
        3.  The  case  was  committed  to  the  Court  of Sessions.  Necessary
\ncharges were framed against the accused\/appellant.  In order  to  substantiate
\nthe  charges  levelled  against him, the prosecution examined 11 witnesses and
\nrelied on 17 exhibits and 9 material objects.  On completion of  the  evidence
\non  the  side of the prosecution, the accused was questioned under Section 313
\nof the Cr.P.C.  as to the incriminating circumstances found in the evidence of
\nthe witnesses.  He flatly denied them  as  false.    No  defence  witness  was
\nexamined.  The trial Court, on hearing the submissions of either side and on a
\ncareful  scrutiny  of  the  available  materials,  found the accused\/appellant
\nguilty as per the charge and awarded life imprisonment.  Hence, this appeal at
\nthe instance of the accused\/appellant.\n<\/p>\n
        4.  The learned counsel appearing for the appellant, inter alia, would
\nmade the following submissions: The    lower    Court    has     found     the
\naccused\/appellant guilty on the direct evidence projected through P.Ws.1 to 3.
\nAll  these  witnesses  were  closely  related  to  each  other and thus, their
\nevidence could be termed as interested testimony and hence, their evidence has
\nto be scrutinised carefully.  But the lower Court has failed to do so.  In the
\ninstant case, P.W.1 had illicit intimacy with the deceased, who was  the  wife
\nof  the  accused\/appellant  and  hence,  there  was  a  complaint given by the
\naccused, which was pending with the police and under  such  circumstances,  it
\nwas a  false  case  foisted  upon  the  accused\/appellant.   There was also no
\nacceptable evidence before the  lower  Court  to  find  the  accused\/appellant
\nguilty.   Added  further,  the  learned  Counsel  that  even assuming that the
\nprosecution has proved the act of the accused\/appellant that he  attacked  his
\nwife  and  caused her death, the circumstances would clearly indicate that due
\nto sudden provocation, he has acted so.  It is pertinent to point out that the
\noccurrence has  taken  place  at  1.00  a.m.     and   at   that   time,   the
\naccused\/appellant  found  his  wife standing outside the house and and talking
\nwith P.W.1.  On an earlier occasion, she was  taken  away  by  P.W.1,  due  to
\nwhich,  the accused\/appelant has given a complaint to the police, and the said
\ncomplaint was also pending enquiry.  Under such  circumstances,  the  accused\/
\nappellant,  on  seeing  the  his wife talking with P.W.1 at that odd hour, got
\nenraged and due to sudden provocation, he has acted so.  Hence, the act of the
\naccused\/appellant, even assuming to have been proved by the prosecution, would
\nnot fall within the ambit of murder, but would come under a lesser offence and
\nhence, it has also got to be considered by this Court.\n<\/p>\n
        5.  The Court heard the learned Additional Public  Prosecutor  on  the
\nabove contentions.\n<\/p>\n
        6.   It  is not in controversy that the wife of the appellant\/accused,
\nwho was attacked at  the  scene  of  occurrence,  succumbed  to  the  injuries
\nsustained by  her.    In  order  to substantiate the same, the prosecution has
\nexamined  P.W.6,  the  doctor,  who  conducted  post-mortem  and  marked   the
\npost-mortem  certificate  under Ex.P-6, wherein the doctor has opined that the
\ndeceased died due to the head injury sustained by her.  Apart from  the  same,
\nthe  accused\/appellant  never questioned the said fact either before the trial
\nCourt or before this Court and hence, it could be concluded that the deceased,
\nIndira, died out of homicidal violence.\n<\/p>\n
        7.  In the instant case, in order  to  substantiate  the  act  of  the
\naccused  that  it  was  he,  who attacked his wife with the wooden part of the
\nspade,  the  prosecution  has  examined  P.Ws.1  to  3  as  witnesses  to  the
\noccurrence.   The lower Court has clearly marshaled the evidence and has taken
\nthe view that their evidence has got to be  accepted,  since  it  is  natural,
\ncogent  and  convincing  and  this Court has no reason to differ from the said
\nview taken by the lower Court.   The  contention  put  forth  by  the  learned
\ncounsel  for the appellant that they are close relatives cannot be a reason to
\nreject their testimony, since on careful scrutiny, their evidence found to  be
\nbelievable and  acceptable.  The medical evidence put forth by the prosecution
\nhas also fully corroborated the ocular testimony.  Under  such  circumstances,
\nthe  Court  finds no impediment in affirming the finding recorded by the lower
\nCourt that it was the accused, who attacked his wife at the time and place  of
\noccurrence and caused her death.\n<\/p>\n
        8.   Now  coming  to  the  nature of the act committed by the accused\/
\nappellant, the Court has to necessarily agree with the learned counsel for the
\naccused\/appellant.    In   the   instant   case,   the   deceased   and    the
\naccused\/appellant were  living  together.    At  that  time, P.W.1, the cousin
\nbrother of the accused, developed illicit intimacy with  the  deceased,  which
\nfact came  to  the  knowledge  of  the accused.  Just prior to the occurrence,
\nP.W.1 has taken away the deceased from the matrimonial home.    On  coming  to
\nknow  about  the same, the accused\/appellant has also given a complaint before
\nthe police, who called the parties and  enquired  them  and  pending  enquiry,
\nP.W.1 and  the  deceased has planned to go away once again.  In order to carry
\nout their plan, at the time of occurrence, the deceased has come  out  of  her
\nhouse and  was  taking with P.W.1.  At that time, P.W.2 was also standing near
\nthe house of the accused\/appellant with his TVS 50 moped.  At  that  juncture,
\nP.W.4, the brother of the deceased and P.W.3, friend of P.W.1 were also coming
\ntowards the  place.    Hence,  from the above, it would be quite clear that on
\nthat day during night hour, the deceased wanted  to  carry  out  the  plan  of
\nrunning away with P.W.1.  It is pertinent to point out that the appellant, who
\nwas the husband of the deceased, on seeing his wife talking with P.W.1 at that
\nodd  hour, could not control his feelings and hence, under such circumstances,
\ndue to sudden provocation, he has attacked his wife and also chased P.W.1, who
\nescaped from the place of occurrence with P.W.2  and  thus,  the  act  of  the
\naccused\/appellant  was  neither  pre-planned nor premeditated or not even with
\nany intention to cause the death of his wife.  Hence,  the  Court  is  of  the
\nconsidered  opinion that the act committed by the accused\/ appellant would not
\nfall within the ambit of murder but  would  under  Section  304  Part-II  IPC.
\nawarding rigorous imprisonment for a period of 5 years.\n<\/p>\n
        9.   In  the  result,  the  conviction  and  sentence imposed upon the
\naccused\/appellant under Section 302  IPC.    are  set  aside  and  he  is  now
\nconvicted under Section 304 Part-II IPC.  awarding rigorous imprisonment for a
\nperiod of  five years.  It is reported that the accused\/ appellant is on bail.
\nThe learned Sessions Judge shall take steps to commit the accused\/appellant to
\nprison the  serve  the  remaining  period  of  sentence.    With   the   above
\nmodification in conviction and sentence, the appeal is disposed of.\n<\/p>\n
Index:Yes
\nInternet:Yes<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Rangasamy @ Gnanaprakasam vs State Rep. By on 10 August, 2005 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10\/08\/2005 CORAM THE HONOURABLE MR JUSTICE N.DHINAKAR and THE HONOURABLE MR JUSTICE M.CHOCKALINGAM Criminal Appeal No. 85 of 2000 Rangasamy @ Gnanaprakasam … Appellant. Vs State rep. by Inspector of Police, Kadambur […]<\/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-46973","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nRangasamy @ Gnanaprakasam vs State Rep. 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