{"id":80952,"date":"2006-07-11T00:00:00","date_gmt":"2006-07-10T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/krishnan-vs-state-rep-by-on-11-july-2006"},"modified":"2018-02-12T10:46:16","modified_gmt":"2018-02-12T05:16:16","slug":"krishnan-vs-state-rep-by-on-11-july-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/krishnan-vs-state-rep-by-on-11-july-2006","title":{"rendered":"Krishnan vs State Rep. By on 11 July, 2006"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Krishnan vs State Rep. By on 11 July, 2006<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\n\nDATED : 11\/07\/2006\n\n\nCORAM\nTHE HONOURABLE MR JUSTICE  M.CHOCKALINGAM\nand\nTHE HONOURABLE MR JUSTICE  M.E.N.PATRUDU\n\n\nCriminal Appeal No. 25 of 2004\n\n\n1.Krishnan\n2.Dhanam                   \t...\t\tAppellants\n\n\n\nVs\n\n\nState rep. by\nThe Inspector of Police,\nK.Paramathi Town Police Station,\nKarur District.\t\t\t... \t\tRespondent\n\n\n\nPrayer\n\n\nThis Criminal Appeal filed under Section 374 Cr.P.C. against the\njudgment passed in S.C.No.82 of 2001 dated 28.12.2001 on the file of the\nAdditional District Sessions Judge-cum-Chief Judicial Magistrate, Karur.\n\t\t\n\n!For Appellants \t...\tMr.V.Illanchezian\n\n\n^For Respondent\t\t...\tMr.S.P.Samuel\n\t\t\t\tAdditional Public Prosecutor\n\n\n:JUDGMENT\n<\/pre>\n<p>(Judgment of the Court was delivered by   M.CHOCKALINGAM,J.)<\/p>\n<p>\t\tThis appeal has arisen from the Judgment of the Additional District<br \/>\nSessions Judge, Karur made in S.C.No.82 of 2001 in which the first appellant<br \/>\nstood charged, tried and found guilty as per the charges under Section 302  and<br \/>\nsentenced to undergo life imprisonment and also found guilty under Section 307<br \/>\nIPC and sentenced to undergo 10 years R.I. and the second appellant stood<br \/>\ncharged tried and found guilty as per the charges under Section 302 read with<br \/>\n114 IPC and sentenced to undergo life imprisonment and also found guilty under<br \/>\nSection 307 read with 114 IPC and sentenced to undergo 10 years R.I. and both<br \/>\nwere ordered to undergo the imprisonment concurrently.\n<\/p>\n<p>\t\t2. The short facts necessary for the disposal of this appeal can be<br \/>\nstated thus:\n<\/p>\n<p>\t\ta) P.W.1 is the husband of P.W.2. The deceased was the son of P.Ws.<br \/>\n1 and 2. P.W.3 is wife of the deceased. The first accused is the husband of the<br \/>\nsecond accused. All of them are residents of Viswanathapuri Anna Nagar Colony.<br \/>\nThey are residents of nearby place. The family members of P.W.1 used to go<br \/>\nthrough the common passage which was situated adjacent to the house of the<br \/>\naccused. For quite some time, when the members of the PW1 family were proceeding<br \/>\nwith that passage, the accused raised an objection for the same. Even one week<br \/>\nbefore the date of occurrence, there was a quarrel between the two families. On<br \/>\nthe date of occurrence on 14.2.2001 at about 7.30 p.m. when the deceased<br \/>\nMuniappan, Son of P.Ws.1 and 2 was proceeding through the passage as usual, the<br \/>\naccused raised an objection and following the same, the quarrel arose. P.W.1<br \/>\nwent towards his house. At that time, the second accused went inside the house<br \/>\nand took the &#8216;Kuthu Aruval&#8217;  which is marked as M.O.1 in this case and handed<br \/>\nover to him and asked the first accused to stabbed the deceased. Accordingly, he<br \/>\ncommitted the act with a distressed mind. Muniappan fell down. The occurrence<br \/>\nwas witnessed by P.Ws.1,2 and 3. Both the accused fled away from the place of<br \/>\noccurrence.\n<\/p>\n<p>\t\tb) P.W.1 proceeded to K.Paramathi Police Station immediately,  where<br \/>\nP.W.15, the Sub-Inspector of Police was on duty.  At 00.30 hours, he recorded<br \/>\nthe statement of P.W.1 in Ex.P.1,  on the strength of which, a case came to be<br \/>\nregistered on 15.2.2001 in Crime No.13 of 2001 under Sections 302 and 304 IPC .<br \/>\nExpress FIR Ex.P.18, was despatched to the concerned Judicial Magistrate. On<br \/>\nreceipt of the copy of the First Information Report, P.W.16, Inspector of police<br \/>\ntook up investigation, proceeded to the scene of occurrence and made an<br \/>\ninspection in the presence of two witnesses and prepared  Ex.P.2, the<br \/>\nobservation Mahazar and drew Ex.P.19, the rough sketch. He recovered all the<br \/>\nM.Os  from the place and both the dead body and the scene of occurrence were<br \/>\nphotographed through P.W.16, the photographer.M.Os.9 and 10 series were<br \/>\nphotographs and negatives  respectively in that<\/p>\n<p>regard. He made an inquest on the dead body and prepared Ex.P.20 inquest report<br \/>\n.\n<\/p>\n<p>\t\tc) The dead body was sent to the hospital for the purpose of<br \/>\nautopsy.P.W.9, Dr.Ramesh, attached to the Government Hospital, Karur conducted<br \/>\npost-mortem on the dead body and found the following injuries.\n<\/p>\n<p>\t\t1) A scar over left knee.\n<\/p>\n<p>                   2) A scar over right dorsum of foot.\n<\/p>\n<p>\t\t3) A scar below right knee on the medial side of leg. &#8221;\n<\/p>\n<p>The Doctor has issued Ex.P.9, the post-mortem certificate, wherein he has opined<br \/>\nthat the deceased would appear to have died of shock and haemorrhage due to<br \/>\ninjury to heart and left lung.\n<\/p>\n<p>\t\td) Pending investigation, both the accused were arrested on<br \/>\n16.2.2001. The first accused volunteered to give a confessional statement and<br \/>\nthe same was recorded by the investigator, the admissible part of which was<br \/>\nmarked as Ex.P.4. The second accused  also volunteered to give a confessional<br \/>\nstatement, and the same was recorded by the investigator, the admissible part of<br \/>\nwhich was marked as Ex.P.5. Following the same, the first accused produced M.O.1<br \/>\nKuthu<\/p>\n<p>Aruval  which was recovered under a cover of Mahazar Ex.P.6 in the presence of<br \/>\nsame witnesses.\n<\/p>\n<p>\t\te. The first accused was also medically examined by P.W.14<br \/>\nDr.Susheela, on 16.2.2001 and the first accused made a statement that at the<br \/>\ntime of occurrence, when he was about to run from the place of occurrence, he<br \/>\nfell down and sustained injury. The wound certificate in respect of the injury<br \/>\nfound on the first accused is Ex.P.17. All the M.Os.  recovered from the place<br \/>\nof occurrence and from the dead body and also M.O.1 &#8216;Kuthu Aruval&#8217; . were<br \/>\nsubjected to chemical analysis by the Forensic Department, on a requisition made<br \/>\nby the Investigator through the Judicial Magistrate concerned. On analysis,<br \/>\nEx.P.13, the Chemical Analyst&#8217;s report and Ex.P.14, the Serologist&#8217;s report were<br \/>\nreceived by the Court.  On completion of investigation, final report was filed<br \/>\nby the investigating officer before the Committal Court.\n<\/p>\n<p>\t\t\t3. The case was committed to the Court of Sessions and<br \/>\nnecessary charges were framed. In order to substantiate the charges levelled<br \/>\nagainst the accused, the prosecution examined 16 witnesses and relied on 21<br \/>\nexhibits and 12 M.Os. On completion of the evidence on the side of the<br \/>\nprosecution,  both the accused were questioned under Section 313 Cr.P.C. as to<br \/>\nthe incriminating circumstances found in the evidence of prosecution witnesses.<br \/>\nThe accused have flatly denied them as false. No defence witness was examined.<br \/>\nOn completion of trial, both sides were heard. The learned trial Judge has found<br \/>\nboth the accused guilty as per the charges and awarded the punishment as<br \/>\nreferred to above. Hence, this appeal at the instance of the appellants\/accused<br \/>\nbefore this Court.\n<\/p>\n<p>\t\t4. While advancing the arguments on behalf of the appellants,<br \/>\nlearned counsel would submit that all the three witnesses, examined by the<br \/>\nprosecution to prove the case, were close relatives of the deceased and apart<br \/>\nfrom that, there are lot of discrepancies and inconsistencies in their evidence<br \/>\nand it would clearly indicate that their evidence could not be relied on. Apart<br \/>\nfrom that, the medical evidence did not support the prosecution case and in the<br \/>\ninstant case, the arrest of first and second accused and their confessional<br \/>\nstatements and also the recovery of Kuthu Aruval, M.O.1 were all nothing but<br \/>\nsubsequent an introduction made by the prosecution to suit its case. Apart from<br \/>\nthat, in the instant case, the place of occurrence is the house of the accused<br \/>\nand this fact is not considered by the trial Court.  Therefore, considering all<br \/>\nthe above submissions, they are entitled for an acquittal in the hands of this<br \/>\nCourt.\n<\/p>\n<p>\t\t5. Heard the learned Additional Public prosecutor on the above<br \/>\ncontentions.\n<\/p>\n<p>\t\t6. In order to prove the fact that Muniappan, the son of P.Ws. 1 and<br \/>\n2 and husband of P.W.3, died out of homicidal violence, the prosecution has not<br \/>\nonly relied on the evidence of P.Ws.1 to 3, but has also relied on the medical<br \/>\nevidence. Following the inquest, the dead body was subjected to post-mortem by<br \/>\nP.W.9, the Doctor who has issued Ex.P.9,Post-mortem Certificate wherein he has<br \/>\nopined that the deceased died out of shock and haemorrhage due to the injuries<br \/>\nsustained. Apart from that, the place and time of occurrence were never<br \/>\nquestioned by the appellants\/accused and apart from that, in the instant case,<br \/>\nthe fact that the deceased died out of homicidal violence was never questioned<br \/>\nby the accused either before the Court below or before this Court. Hence, it has<br \/>\ngot to be recorded so.\n<\/p>\n<p>\t\t7. In order to prove the act of the deceased, the prosecution has<br \/>\nrelied on the direct evidence projected through P.Ws. 1 to 3, who are father,<br \/>\nmother and wife of the deceased respectively. In the instant case, it is<br \/>\npertinent to point out that at the time of occurrence, there is no material to<br \/>\nindicate that any other independent witnesses are available and thus except<br \/>\nthese three witnesses, no other witnesses had narrated the prosecution case. At<br \/>\nthis juncture, on exercise of careful scrutiny of the evidence of P.Ws.1 to 3,<br \/>\nwho are close relatives of the deceased, their evidence stood the test and<br \/>\nhence, their evidence inspired the confidence of the Court. Hence, this court<br \/>\nhas to necessarily accept the evidence as has been rightly done by the trial<br \/>\nCourt. Further the evidence of medical witness is in full corroboration with the<br \/>\nprosecution case. To the advantage of the prosecution, both the accused were<br \/>\narrested and both of them gave confessional statements and pursuant to the<br \/>\nconfessional statement of first accused in the presence of two witnesses, M.O.1<br \/>\nhas been recovered under a cover of Mahazar and it has been subjected to<br \/>\nchemical analysis along with the other material objects. The scientific opinion<br \/>\nis also in favour of the prosecution. Thus, the ocular testimony is in full<br \/>\ncorroboration with the medical evidence . Hence, without any hesitation<br \/>\nwhatsoever it could be safely recorded that it was because of the act of the<br \/>\nfirst accused who stabbed the deceased with Kuthu Aruval M.O.1,  the deceased<br \/>\nmet with an instantaneous death. There is evidence to show that it was the<br \/>\nsecond accused who took the Kuthu Aruval and handed over to  her husband, A1<br \/>\nwith which he stabbed the deceased and thus not only the first accused has<br \/>\ncommitted the act, but also the second accused has abetted the first accused for<br \/>\nthe commission of the said act and hence it has got to be held without any<br \/>\nhesitation whatsoever that the first and second accused have caused the death of<br \/>\nthe deceased.\n<\/p>\n<p>\t\t8. Now coming to the nature of the act of the accused , this Court<br \/>\nis able to see that the act of both the accused was neither intentional nor pre-<br \/>\nmeditated and hence it would  not fall within the ambit of murder. Even<br \/>\naccording to the prosecution, there is a common passage in front of the house of<br \/>\nthe accused and the members of P.W.1&#8217;s family used to go through the said<br \/>\npassage  , for which course, the accused objected and  there was often quarrel<br \/>\nbetween the family members. On the date of occurrence, the deceased was going<br \/>\nthrough that passage. Though both the accused have objected the same, he<br \/>\nproceeded through the common passage and thus, there was a quarrel between both<br \/>\nthe family members and following the same, there was a sudden provocation due to<br \/>\nwhich, the accused have acted so. The second accused took Kuthu Aruval and<br \/>\nhanded over to first accused with which the first accused has stabbed the<br \/>\ndeceased. Thus, the act of the accused was not intentional or pre-mediated.<br \/>\nThough not the act of the accused would fall within the ambit of murder, it<br \/>\nwould be of culpable homicide not amounting to murder. The accused have not<br \/>\nacted with any intention, but at the same time, it was well within their<br \/>\nknowledge that the injuries were likely to cause death of the deceased  which<br \/>\nact in the opinion of this Court would warrant punishment under Section 304(i)<br \/>\nIPC. and hence the first accused has got to be found guilty of the offence under<br \/>\nSection 304(i) IPC and the second accused has got to be found guilty of the<br \/>\noffence under Section 304(i) IPC read with 109 IPC and awarding punishment of 7<br \/>\nyears Rigorous Imprisonment would meet the ends of justice.\n<\/p>\n<p>\t\t9. Hence, the judgment of the lower court in respect of the charge<br \/>\nunder Section 302 IPC is set aside and instead the first accused is found guilty<br \/>\nof the offence under Section 304(i)IPC  and sentenced to undergo  7 years R.I.<br \/>\nAs regards A2, she is found guilty under Section 304(i) read with 109 IPC for<br \/>\nwhich she is directed to suffer 7 years R.I.\n<\/p>\n<p>\t\t10. In so far as the act of the accused in causing injuries to P.W.2<br \/>\n, there is sufficient evidence to hold as per the medical evidence that their<br \/>\nact  would amount to attempt to murder, but they have caused grievous injury and<br \/>\nhence, it would fall under Section 326 IPC for which the punishment of 3 years<br \/>\nR.I. is awarded and the sentence is ordered to run concurrently. The period<br \/>\nalready under gone by the accused is given set off.\n<\/p>\n<p>\t\t11. In the result, with the above modification in conviction and<br \/>\nsentence, the Criminal appeal is dismissed.\n<\/p>\n<p>VJY\t\t<\/p>\n<p>To<\/p>\n<p>The Additional Sessions Judge-cum-Chief Judicial Magistrate, Karur.\n<\/p>\n<p>1.-do- through the Principal Sessions Judge, Karur\n<\/p>\n<p>2.The District Collector, Karur.\n<\/p>\n<p>3.The Director General of Police, Karur.\n<\/p>\n<p>4.The Inspector of Police, K.Paramathi Town Police Station, Karur\n<\/p>\n<p>5.The Superintendent, Central Prison, Trichy.\n<\/p>\n<p>6.The Superintendent of Police, Special Prison for Women, Trichy\n<\/p>\n<p>7.The Public Prosecutor, High Court, Madras.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Krishnan vs State Rep. By on 11 July, 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11\/07\/2006 CORAM THE HONOURABLE MR JUSTICE M.CHOCKALINGAM and THE HONOURABLE MR JUSTICE M.E.N.PATRUDU Criminal Appeal No. 25 of 2004 1.Krishnan 2.Dhanam &#8230; Appellants Vs State rep. by The Inspector of Police, K.Paramathi Town [&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-80952","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>Krishnan vs State Rep. 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