Popular Muthiah vs State Represented By Inspector Of ...

The prosecution case relates to an incidence which took place on 13.3.1992 resulting in death of one Chandran. On 13.3.1992, the brother of Nallakannu @ Muthu was said to have fatally been attacked in Maruthur Village. A case was registered against PW3, the brother of PW1, Arasappan, father of PW1, Vanumamali, brother-in-law of PW3, Raja, son of PW3, Raj son of PW1's sister Ganambal and George (deceased) son of the PW1's sister Ganambal. They were arrested and released on bail subject to certain conditions. PW1 and her relatives after the said incident allegedly shifted to another village Palayamkottai. The father-in-law of PW1 was a homoeopathic doctor. He was having a medical shop. He was also having a hotel commonly known as 'Hare Krishna" hotel. The medical shop and the hotel were situate opposite to each other near Palaymkottai bus stand and were at a distance of 6 furlongs from the house of PW1.

Admittedly, no chargesheet was filed against the appellant herein. A copy of the said chargesheet, however, admittedly was not sent to the first informant. The learned Magistrate, before whose Court the said chargesheet was filed also did not inform the first informant which was mandatory. Nallakannu @ Muthu alone was committed to the Court of Sessions. Before the learned Sessions Judge, all the eye-witnesses allegedly took the names of the appellants as having played active roles in the entire episode. The learned Sessions Judge was neither called upon to exercise nor suo motu exercised his jurisdiction in terms of Section 319 of the Code of Criminal Procedure. Nallakannu @ Muthu alone in the aforementioned situation was tried and convicted for commission of the said offence under Section 302 of the IPC and was sentenced to undergo rigorous imprisonment for life.

He preferred an appeal against the said judgment of conviction and sentence in the High Court which was registered as Criminal Appeal No. 696 of 1997. The said appeal came up for hearing before a Division Bench of the High Court. The Division Bench examined the materials brought on records by the prosecution in great details. It was opined that no case has been made out to interfere with the judgment of conviction and sentence passed against the Nallakannu Muthu. He has not approached this Court questioning the correctness of the said judgment.

(c ) The Director General of Police is also directed to deeply probe into the lapses on the part of PW17 Rajaram and PW18 Thondiraj in the Investigation conducted with reference to the murder of George, so also in the prosecution and take follow-up action in accordance with law."

(viii) The appellants were not prejudiced in any manner whatsoever by reason of the impugned order as at different stages they would be entitled to raise their contentions.

(i) power can be exercised suo motu in the interest of justice. If such a power is not conceded, it may even lead to injustice to an accused.

(ii) Such a power can be exercised concurrently with the appellate or revisional jurisdiction and no formal application is required to be filed therefor.

We may not go into the said respective contentions as we are of the opinion that, having regard to the order proposed to be passed by us, it is not necessary so to do.

In a case of this nature, therefore, in our opinion, it would have been in the fitness of things, the Appellant should have been heard by the High Court.

Having regard to the peculiar facts and circumstances of this case, we are of the opinion that before issuing the impugned directions, the High Court should have given an opportunity of hearing to the Appellants herein.

For the reasons aforementioned, the impugned judgment is set aside and the matter is remitted to the High Court for consideration of the matter afresh. The High Court shall issue notice to the Appellants herein as also the State and pass appropriate orders as it may deem fit and proper and in accordance with law. The appeals are allowed with the aforementioned observations and directions.