Inspector Of Police, Tamil Nadu vs John David

2.The facts of this case are very shocking and very distressing.

Murder is committed of a young boy, the only son of his parents, who at the relevant time was studying for a medical degree. The manner in which he was killed and his dead body was disposed of after cutting it into different pieces was very gruesome and ghastly. The person in the dock and who was accused of the crime was another senior student in the same campus.

3.Brief relevant facts leading to the registration of the first information report and giving rise to the present appeal are being set out hereunder.

mortem of the head at 10.00 am on 21.11.1996. On 4 22.11.1996 a message was received from Villupuram Control Room which was forwarded to Annamalai Nagar PS which mentioned that three human bones femur, tibia and fibula have been recovered at 1.30 a.m. on 21.11.1996 from the sea-

7.On completion of investigation, the police submitted a charge sheet against the respondent. On the basis of the aforesaid charge sheet, charges were framed against the accused-

respondent. The prosecution in order to establish the guilt of the accused examined several witnesses and exhibited a number of documents including scientific reports. Thereafter, the accused was examined under Section 313 Cr.P.C. for the purpose of enabling him to explain the circumstances existing against him. After hearing arguments advanced by the parties, the Principal Sessions Judge, Cuddalore by its judgment dated 11.03.1998 convicted the accused. Principal Sessions Judge, Cuddalore found that there are enough circumstantial evidence and motive on the part of the accused for committing such a crime and held the accused/respondent guilty under Sections 302, 201, 364 and 342 IPC and convicted and sentenced him to undergo imprisonment for life under sections 302 and 364 IPC, rigorous imprisonment for one year under Section 342 IPC, and rigorous imprisonment for seven years and to pay a fine of rupees one lakh and in default to undergo rigorous imprisonment for twenty one months under Section 201 IPC. It was also ordered that the sentences would run consecutively.

8.Aggrieved by the aforesaid judgment and order of conviction passed by the trial Court, the respondent herein preferred an appeal before the High Court. The High Court entertained the said appeal and heard the counsel appearing for the parties.

On conclusion of the arguments, the High Court held that the prosecution has failed to prove the guilt of the accused and accordingly the High Court acquitted the respondent of all the charges vide its judgment and order dated 05.10.2001 by reversing and setting aside the order of conviction passed against the respondent under Sections 302, 201, 364 and 342 IPC.

9.We may now at this stage refer to the arguments of the counsel of the parties in order to understand the scope and ambit of the appeal and also to appreciate the contentions so as to enable us to arrive at a well-considered findings and conclusions.

(vi) While sitting in judgment over an acquittal the appellate court is first required to seek an answer to the question whether findings of the trial court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order of acquittal is not to be disturbed. Conversely, if the appellate court holds, for reasons to be recorded, that the order of acquittal cannot at all be sustained in view of any of the above infirmities, it can reappraise the evidence to arrive at its own conclusion.

CONFESSIONAL STATEMENT OF ACCUSED AND CONSEQUENTIAL RECOVERIES.

28.We may at this stage, would like to state the proposition of law that only such information which is found proximate to the cause of discovery of material objects, alone is taken as admissible in law and in the present case there are lot of materials which were recovered at the instance of such confessional statement made by the accused only. We may detail out such material findings in this case.

imposition process/test made by Dr. Jayaprakash [PW-65], Assistant Director, Forensic Science Department, Madras, who stated in his evidence that the skull recovered was of Navarasu.

31.Now, so far as the recovery of limbs and torso of the deceased-Navarasu is concerned, we would like to detail the recovery of the same, their identification and also their relation insofar as the confessional statement made by accused is concerned.

37.Therefore, if we look at the case, we find that the prosecution has succeeded in proving its case on circumstantial evidence. In the present case all the witnesses are independent and respectable eye-witnesses and they have 38 not been shown to have any axe to grind against the accused.

41.In view of the aforesaid discussion, facts and circumstances of the case, we are of the considered view that the High Court erred in reversing the order of conviction recorded by the trial Court as the prosecution has established its case. Accordingly, we set aside the judgment and order of the High Court and restore the judgment and decision of the trial Court but only with one rider that the sentence awarded shall run concurrently and not consecutively as ordered by the trial court. While doing so we rely upon sub-section (2) of section 31 of the Code of Criminal Procedure, 1973.

42.In the result, the appeal is allowed, bail bond of the respondent is cancelled and the respondent is directed to surrender before the jail authorities immediately, failing which the concerned authorities are directed to proceed in accordance with law.

.............................................J [Dalveer Bhandari] .............................................J [Dr. Mukundakam Sharma] New Delhi, April 20, 2011.