Nathiya vs State Tr.Insp.Of Police,Vellore

3. The prosecution was set in motion by the First Information Report lodged on 27.3.2006 at 2.30 a.m. by one Gunasekaran, the cousin brother of the deceased Gurunathan, the husband of the appellant Nathiya (accused No.

1). The appellant Suresh (accused No. 2 ) is allegedly the paramour of accused No. 1. It was averred in the FIR that the deceased was a book binder by occupation and owned some properties located in his village, worth several lakhs. He also had his own house. The house of the appellant Suresh was also situated nearby. It had been alleged that the appellant Nathiya, the wife of the deceased had developed illicit relationship with Suresh which was not only to the knowledge of the deceased but also of the informant. The FIR discloses that this depraved liaison between the accused persons had also been brought to the notice of the local panchayat and that though, it had advised the appellants against the continuation of such alliance, they did not desist therefrom. Being appalled, though the deceased at some point of time, had shifted to a rented house elsewhere but had to return under financial compulsions to his original place of abode. This, according to the FIR, facilitated the continuance of the extra-marital relationship of Nathiya with Suresh. It was alleged in the FIR that in retaliation to the persistent endeavours made by the deceased to make Nathiya mend her ways, she used to torture him and threaten that she would eliminate him and would sell his properties and elope with her paramour. The informant claimed that not only a few days prior to the incident, the deceased had confided him that his wife had tried to suffocate him to death by pressing a pillow on his face, on 26.3.2006, i.e. on the eve of the incident as well, he had disclosed to him about a conspiracy between the two accused persons to murder him and grab his properties.

4. The informant further mentioned that in the intervening night of 26.3.2006/27.3.2006, while he was asleep, Pushpa, wife of Dinakaran, his neighbour informed him that the dead body of the deceased had been seen floating in a nearby well. On getting this information, the informant rushed to the place of occurrence and with the help of Pandurangam and Dinakaran, retrieved the body from the well. On further enquries, he could come to learn that one Packiammal, at about 11 p.m., heard the shrieks of the deceased followed by a loud thud from the well. The informant referred to the accused persons as the suspects. It was incidentally mentioned as well that they were not available in their house at that point of time. This FIR was registered as Bagayam P.S. Crime No. 278 of 2006 and investigation followed.

5. Eventually the charge-sheet was submitted against the accused persons. The case was committed for sessions trial. The appellants having denied the charge, were made to stand trial and finally by the judgment and order dated 13.11.2007 passed in S.C. No. 94 of 2007, the appellants were convicted under Section 302 read with Section 34 IPC and sentenced as above. To reiterate, their conviction and sentence has been upheld by the High Court by the judgment and order impugned herein.

8. The competing arguments and the materials on record have received our due scrutiny. It is patent in the present factual setting that there is no eye witness to the occurrence and that the prosecution case is based wholly on circumstantial evidence. The genesis of the suspicion against the appellants, being their amorous association to the anguish disliking of the deceased, he being almost reduced to a helpless entity, having failed to prevent such liaison inspite of his best endeavours. There is indeed some evidence suggestive of such an alliance between the appellants at the relevant point of time. This, per se, in our comprehension, however, cannot be accepted as a decisive incriminating factor to deduce their culpability qua the charge of murder of the deceased Gurunathan.

13. Tested on the touchstone of the above judicially laid parameters, defining the quality and content of the circumstantial evidence, essential to bring home the guilt of an accused person on a criminal charge, we are of the unhesitant opinion that the prosecution, in the case in hand, has failed to meet the same. The materials on record admit of substantial doubt vis-a-vis the complicity of the appellants in the crime.

14. Having regard to the evidence adduced, it would be wholly unsafe to sustain their conviction. They are thus entitled to the benefit of doubt. The appeals thus succeed and are allowed. The bail bonds of appellant Nathiya, who is on bail, stands discharged. Appellant Suresh be released from the jail immediately, if not required in any other case.

NOVEMBER 8, 2016.