{"id":55330,"date":"2005-08-18T00:00:00","date_gmt":"2005-08-17T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bhaskar-vs-state-represented-by-on-18-august-2005"},"modified":"2018-11-18T15:39:04","modified_gmt":"2018-11-18T10:09:04","slug":"bhaskar-vs-state-represented-by-on-18-august-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bhaskar-vs-state-represented-by-on-18-august-2005","title":{"rendered":"Bhaskar vs State Represented By on 18 August, 2005"},"content":{"rendered":"
Madras High Court<\/div>\n
Bhaskar vs State Represented By on 18 August, 2005<\/div>\n
       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS           \n\nDATED: 18\/08\/2005  \n\nCORAM   \n\nTHE HON'BLE MR.JUSTICE N.DHINAKAR        \nAND  \nTHE HON'BLE MR.JUSTICE M.CHOCKALINGAM           \n\nC.A.No.555 of 2000 \n\nBhaskar                                                .. Appellant\n\n-Vs-\n\nState represented by\nInspector of police\nMappedu Police Station \nTiruvallur District\n(Cr.No.387\/95)                                  .. Respondent\n\n        Criminal appeal filed under Sec.374 of the Code of Criminal  Procedure\nagainst  the  judgment  of  the  Principal Sessions Judge, Chingleput, made in\nS.C.No.49\/99 dated 19.6.2000. \n\n!For Appellant          :  Mr.S.Shanmugavelayutham\n\n^For Respondent         :  Mr.M.K.Subramaniam\n                        Government Advocate\n                        (Criminal Side)\n\n:JUDGMENT   \n<\/pre>\n
(Judgment of the Court was delivered by M.CHOCKALINGAM, J.)    <\/p>\n
        The sole accused in a case  of  murder,  where  he  stood  accused  of
\ncommitting  murder of his three children, found guilty under Sec.302 of I.P.C.
\n(3 counts) and awarded life sentence, which shall  run  concurrently,  by  the
\nCourt  of  Principal  Sessions  Division, Chengalpattu, has brought forth this
\nappeal challenging the judgment.\n<\/p>\n
        2.  The short facts necessary for the disposal of this appeal could be
\nstated thus:\n<\/p>\n
        (a) The appellant\/accused was living with his wife and three  children
\nalong with  his  parents  in  Sunguvarchatram.    He wanted to take a separate
\nresidence, since the house was crowded, to  which  course  his  wife  was  not
\namenable.   Thereafter, he took a small room which was attached to a tea shop,
\non a monthly rental of Rs.300\/-.  His wife  suspected  that  he  had  got  any
\nillicit intimacy with somebody in view of his taking a separate residence.  On
\n9.10.1995, there  was  a  quarrel  between  the  spouses  as  usual.  Pursuant
\nthereto, he took a decision to commit  suicide  and  to  kill  all  the  three
\nchildren.   According  to  his plan, at about 7.10 P.M., he took all the three
\nchildren namely Brundha, Harinath and Swetha,  in  a  cycle  to  Erayamangalam
\nVillage,  and thereafter, he went to Naicken Kuttai where he took the children
\ninside the pond upto his chest level and immersed them.  Then, leaving all  of
\nthem,  he  went to Mappedu and tried to get a rope in the shop of P.W.6 ; but,
\nhe could not.  At the time when he was returning,  P.W.4  the  father  of  the
\naccused,  along  with  his friend P.W.3, were coming in search of the children
\nand questioned him about the children.  At that time, the accused was  telling
\nthem that  he  killed  the  children by immersing them in water.  Then, all of
\nthem went to Naicken Kuttai, took the children out of  the  pond  and  brought
\nthem to the village.  P.W.1, the Village Administrative Officer of that place,
\non  coming  to  know  about  the same through his menial P.W.2, at about 10.00
\nP.M., rushed to the house of the appellant\/accused, where he  found  the  dead
\nbodies of  all  the  three  children.    At  that  time,  the appellant gave a
\nconfessional statement, which was recorded by P.W.1.  Ex.P1 is  the  statement
\ngiven by  the  accused.   Immediately, P.W.1 took Ex.P1 along with his special
\nreport Ex.P2, to Mappedu Police Station, where  P.W.8  the  Sub  Inspector  of
\nPolice, was present, and handed over them to P.W.8.  On the strength of Exs.P1
\nand  P2,  P.W.8  registered a case in Crime No.3 87\/95 under Sec.302 of I.P.C.
\nat witching hour.  Printed First Information Report Ex.P16 was sent to Court.\n<\/p>\n
        (b) P.W.9, the Inspector of Police, on receipt of a copy of the  First
\nInformation  Report, took up the case for investigation and proceeded first to
\nthe house of the appellant\/accused, where he prepared an  observation  mahazar
\nEx.P3, in  the  presence  of witnesses and a rough sketch Ex.P17.  He examined
\nwitnesses and recorded their statements.  Then, he conducted inquest over  the
\ndead  bodies  of three children in the presence of panchayatdars and witnesses
\nand prepared Exs.P18, P19 and P20 the inquest reports respectively.  He, then,
\nproceeded to Naicken Kuttai the next morning, made an inspection and  prepared
\nEx.P4, the observation mahazar, and Ex.P21, the rough sketch.\n<\/p>\n
        (c)  Pursuant  to  the  requisition  Ex.P8, given by the Investigating
\nOfficer, P.W.7, the  Civil  Assistant  Surgeon,  attached  to  the  Government
\nHospital,  Thiruvallore,  conducted  autopsy  on  the  dead  bodies  of  three
\nchildren.  So far as  the  deceased  Harinath  is  concerned,  the  postmortem
\ncertificate issued  by  the  Doctor,  is  marked  as  Ex.P9.    Ex.P12  is the
\npostmortem certificate issued by him in respect of the deceased Swetha.    The
\npostmortem  certificate  issued  by  the  Doctor  in  respect  of the deceased
\nBrindia, is marked as Ex.P14.  The viscera  were  sent  to  Forensic  Sciences
\nDepartment for  chemical  analysis.    Accordingly,  they  were  subjected  to
\nchemical analysis, and the viscera reports in respect of  the  three  children
\nwere  received,  which  were  marked  as  Exs.P10,  P11  and P13 respectively.
\nThereafter, the Doctor has given his final opinion that all the three children
\nwould appear to have died of drowning.\n<\/p>\n
        (d) During  investigation,  the  Investigating  Officer  arrested  the
\naccused at  about  2.30  P.M.    and produced him before the Court for remand.
\nP.W.10, the  Inspector  of  Police,  took  up  further  investigation  and  on
\ncompletion   of   investigation,   filed   the   final   report   against  the
\nappellant\/accused.\n<\/p>\n
        3.  The case was committed to Court of Session, and  necessary  charge
\nwas framed against the accused.\n<\/p>\n
        4.   In order to substantiate the charge levelled against the accused,
\nthe prosecution examined 10 witnesses and relied on 21 exhibits.  No  material
\nobjects were  marked.    On  completion  of  the  evidence  on the side of the
\nprosecution, the accused was questioned under Sec.313 of the Code of  Criminal
\nProcedure  as  to the incriminating circumstances found in the evidence of the
\nprosecution witn esses.  He denied them as false.  No defence  witnesses  were
\nexamined.  After hearing the arguments advanced by both sides, the trial Judge
\nfound  the appellant\/ accused guilty as per the charge under Sec.302 of I.P.C.
\n(3 counts) and awarded the life imprisonment  which  shall  run  concurrently.
\nHence, this appeal at the instance of the appellant\/accused.\n<\/p>\n
        5.    The   learned   Counsel   appearing   for  the  appellant  Mr.S.
\nShanmugavelayutham, would submit that in the instant case, the prosecution had
\nno direct evidence to offer; that all  the  witnesses  who  were  examined  in
\nrespect  of  the  motive part and all other aspects, have turned hostile; that
\nthe menial who was examined as P.W.2, and who according  to  the  prosecution,
\ninformed  to P.W.1 the Village Administrative Officer (V.A.0), has also turned
\nhostile, and thus, the only evidence what was available  for  the  prosecution
\nwas  that of P.W.1; that according to the prosecution, P.W.1 went to the house
\nof the appellant\/accused, where the  accused  gave  a  confessional  statement
\nmarked  as  Ex.P1; that the evidence of P.W.1 and Ex.P1 the statement, alleged
\nto have been given by the appellant\/accused, do not inspire any confidence  at
\nall,  and they are shrouded with suspicious circumstances; that in the instant
\ncase, according to P.W.1, the V.A.O., he is ailing from a nearby place,  where
\nhe is  having  residence,  and he used to come to the Office by 9.00 A.M.  and
\nreturn to his native by 4.30 P.M., and on  the  date  of  occurrence,  it  was
\nP.W.2, who  came to his office at about 11.00 P.M.  and informed him, which is
\nhighly impossible; that apart from that, it was P.W.2, the  menial,  who  took
\nP.W.1  to  the  house of the appellant\/accused; but, P.W.2 has turned hostile;
\nthat according to P.W.1, he took the accused immediately along with Exs.P1 and
\nP2 to the Police Station and produced him before the Police Officials; but, as
\nper the evidence of the Investigating Officer, the accused was arrested by him
\nthe next day at 2.30 P.M.; that this inconsistency would go to the root of the
\nmatter, and under the circumstances, such a confessional statement  could  not
\nhave been recorded at all.\n<\/p>\n
        6.  Added  further,  the  learned Counsel that the F.I.R.  should have
\ncome into existence the next morning only and not by way of  Ex.P1  statement,
\nas  put  forth  by  the prosecution through the evidence of P.W.1, the V.A.O.;
\nthat when the Investigating Officer made inspection of the first place  namely
\nthe house of the appellant where the dead bodies of three children were found,
\nat  witching hours, there was no necessity for him to go to the pond where the
\nthree children were immersed, the next morning at about 11.30 A.M.; that  this
\nwould indicate that the F.I.R.  should have come into existence in the morning
\nhours  only  and  not at the time as put forth by the p rosecution; that these
\ncircumstances would clearly indicate that  Ex.P1  could  not  have  come  into
\nexistence as alleged by the prosecution; that in the absence of such evidence,
\nthe  prosecution  had no evidence at all to offer; that the lower Court should
\nhave rejected the prosecution case disbelieving  the  evidence  of  P.W.1  and
\nEx.P1 also, and hence, the appellant\/accused is entitled for an acquittal.\n<\/p>\n
        7.   In  support  of  his  contentions,  the  learned  Counsel for the
\nappellant relied on two decisions namely (1) 1976 L.W.   (CRL.)  28  (MOHAMMAD
\nIBRAHIM V.    B.RAMA  RAO) and<\/a> (2) 1997 SUPREME COURT CASES (CRI) 358 ( JASPAL
\nSINGH V.  STATE OF PUNJAB).\n<\/p>\n
        8.  The Court heard the learned Government Advocate (Criminal Side) on
\nthe above contentions.\n<\/p>\n
        9.  The Court paid its anxious consideration on the rival  submissions
\nmade, and had a through scrutiny of the materials available.\n<\/p>\n
        10.   It  is  not  in  controversy  that  the  three  children  of the
\nappelant\/accused namely Brundha, Harinath and Swetha, died  out  of  drowning.
\nIn  order to substantiate the same, the prosecution examined P.W.7 the Doctor,
\nwho conducted autopsy and who issued the postmortem certificates  Exs.P9,  P12
\nand  P14 in respect of the three children respectively, from which it would be
\nclear that all the children died out of drowning.  In the instant case, it  is
\nnot the case of the appellant\/ accused either before the Court below or before
\nthis Court that they died otherwise or due to any other cause.  Thus, it could
\nbe safely concluded that all the three children died on account of drowning.\n<\/p>\n
        11.   The  specific  case  of  the prosecution was that the appellant\/
\naccused took all the three children on the  date  of  occurrence  namely  9.10
\n.1995, from his village to a nearby place called Naicken Kuttai, where he took
\nthem inside  the  pond  and immersed them also, due to which they died.  It is
\ntrue that in the instant case, the  witnesses  examined  by  the  prosecution,
\nnamely P.W.3, the friend of the accused, and P.W.4, the father of the accused,
\nto  speak  about  the  circumstances,  have  turned  hostile,  and thus, their
\nevidence did not support the prosecution case.  However, the  prosecution  put
\nforth  evidence  through  P.W.1,  the  Village Administrative Officer, and the
\nlower Court has  also  thoroughly  relied  on  his  evidence  and  Ex.P1,  the
\nstatement.   According  to  P.W.1,  on  the  night of 9.10.1995, he was in his
\noffice, and at about 11.00 P.M., he was informed by P.W.2,  his  menial,  that
\nall  the three children were found drowning, and it was due to the act done by
\nthe appellant\/accused, and that their dead bodies were in  the  house  of  the
\naccused.   Immediately, P.W.1 rushed to the house of the accused and found the
\ndead bodies of three children, and the accused, his  father,  P.W.4,  and  his
\nfriend, P.W.3,  also  accompanied  P.W.1.  At that time, the appellant\/accused
\ngave a confessional statement, and the same was recorded  by  P.W.1.    It  is
\npertinent  to  point  out  that  the  said  statement  was  also signed by the
\nappellant along with his parents.  The said statement  was  marked  as  Ex.P1.
\nEx.P1  was  also  produced  before the Police Officials along with the special
\nreport Ex.P2, by P.W.1, which led to the registration of a case by P.W.8,  the
\nSub Inspector  of Police, at 12.00 A.M.  It remains to be stated that the case
\nhas been registered within a short while from the time when  Ex.P1  came  into
\nexistence, and  to put it correctly, it was within 30 minutes.  P.W.8 has also
\nbeen examined to speak about the fact that the case was registered at witching
\nhour namely 12.00 A.M., which would be  pointing  to  the  circumstances  when
\nEx.P1 came into existence.\n<\/p>\n
        12.   In the instant case, the Court is unable to notice any reason or
\ncircumstance to disbelieve or cast a doubt on the evidence of P.W.1.  P.W.1 is
\nthe Village Administrative Officer (V.A.O.).  His evidence  has  inspired  the
\nconfidence of the Court.  Now, the learned Counsel for the appellant contended
\nthat  it  is the usual practice of P.W.1 to go over to his Office by 9.00 A.M.
\nand to come back to his residence by 4.30 P.M.  every day; but, on the fateful
\nday, he was staying over in his Office.  At this juncture, it is pertinent  to
\npoint  out  that  no  suggestion  was  put  to  him under what circumstance he
\nhappened to stay in his Office that night.  This Court is of the opinion  that
\nthe  reason  why he stayed over in his Office that night cannot be a ground to
\ndisbelieve his evidence for the simple reason that the case was registered  by
\nthe  police  at about 12.00 A.M., within half an hour from the time when Ex.P1
\ncame into  existence.    That  apart,  Ex.P1  bore  the   signature   of   the
\nappellant\/accused.   The  only  explanation, which the accused came forward to
\noffer, was that his signature was obtained in a white paper, and subsequently,
\nit has been filled up.  Such an explanation cannot be accepted in view of  the
\ncircumstances available.\n<\/p>\n
        13.   The  next  contention that the First Information Report (F.I.R.)
\nhas come into existence in the morning hours of the next day, in view  of  the
\ninspection   of  the  scene  of  occurrence  namely  Naicken  Kuttai,  by  the
\nInvestigating Officer at about 11.30 A.M.  in the presence of  the  witnesses,
\ncannot be  countenanced for the simple reason that the F.I.R.  has reached the
\nCourt at about 10.30 A.M.  This, therefore, would be a strong circumstance  to
\nshow that  the  F.I.R.  has come into existence in the way as put forth by the
\nprosecution.  In the instant case, it was P.W.1, the V.A.O.,  who  along  with
\nEx.P2,  his  special  report,  has  placed  Ex.P1, the statement, given by the
\naccused, before the Police Officials, which was urging for the whole case.  So
\nlong as the evidence of P.W.1 inspires the confidence of the Court, the  Court
\ncould well  accept  his  evidence.    It  remains  to  be stated that both the
\ndecisions relied  on  by  the  learned  Counsel  for  the  appellant  are  not
\napplicable to  the  present  facts of the case.  In both the cases, it was the
\naccused, who met the Village Administrative Officer of his place and had  made
\nthe statement.    Apart  from  that,  in  those  cases,  there  are  number of
\ncircumstances pointing to  the  doubtful  nature  of  such  an  extra-judicial
\nconfession.   But,  in the instant case, it was P.W.1, the V.A.O., who went to
\nthe house of the accused, where the dead bodies of all the three children were
\nfound, and where the accused happened to be available.  At that time, he  gave
\na statement,  and  the  same  was recorded by P.W.1, which is Ex.P1.  The said
\nstatement is also placed before the lower Court.  Under the circumstances, the
\nlower Court was perfectly correct in accepting the evidence of  P.W.1,  as  it
\ninspired  the  confidence  of  the  Court, and thus, the trial Court found the
\nappellant\/accused guilty and awarded the life imprisonment as required in law.
\nThis Court is  unable  to  notice  any  reason  to  interfere  either  in  the
\nconviction based or in the sentence awarded by the trial Court.\n<\/p>\n
        14.   In  the  result,  this  criminal  appeal  fails, and the same is
\ndismissed.  It is reported that the appellant is on bail.  Hence, the Sessions
\nJudge shall take steps to commit him to prison to undergo the remaining period
\nof sentence imposed upon him.\n<\/p>\n
Index:  yes
\nInternet:  yes<\/p>\n
To:\n<\/p>\n
1)The Principal Sessions Judge, Chengalpattu.\n<\/p>\n
2)The Judicial Magistrate No.II, Tiruvallore.\n<\/p>\n
3)The Judicial Magistrate No.II, Tiruvallore,
\nThrough The Chief Judicial Magistrate, Chengalpattu.\n<\/p>\n
4)The Superintendent, Central Prison, Vellore.\n<\/p>\n
5)The District Collector, Tiruvallore District.\n<\/p>\n
6)The Director General of Police, Mylapore, Chennai 4.\n<\/p>\n
7)The Public Prosecutor, High Court, Madras.\n<\/p>\n
8)The Inspector of Police, Mappedu Police Station, Tiruvallore
\nDistrict.\n<\/p>\n
9)The Station House Officer, Vellore Town Police Station, Vellore.\n<\/p>\n
nsv\/<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Bhaskar vs State Represented By on 18 August, 2005 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18\/08\/2005 CORAM THE HON’BLE MR.JUSTICE N.DHINAKAR AND THE HON’BLE MR.JUSTICE M.CHOCKALINGAM C.A.No.555 of 2000 Bhaskar .. Appellant -Vs- State represented by Inspector of police Mappedu Police Station Tiruvallur District (Cr.No.387\/95) .. Respondent Criminal appeal […]<\/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-55330","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nBhaskar vs State Represented By on 18 August, 2005 - Free Judgements of Supreme Court & 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\/bhaskar-vs-state-represented-by-on-18-august-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bhaskar vs State Represented By on 18 August, 2005 - 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