Sampath Kumar vs Inspector Of Police,Krishnagiri

Shanmugam saw Usha and Senthil Kumar in a romantic embrace. The appellant-Shanmugam was also, according to the prosecution, one of the suitors of Usha and had a one-sided affection for her. On the following day, i.e. 28th July, 2002 PWs. 1 to 3, their neighbour and the appellant-Shanmugam went to a theatre to see a movie and retuned home around 9.30 p.m. While Selvam (PW1), Murugambal (PW2) and Lakshmi (PW3) retired to bed inside the house after dinner, the deceased-Senthil Kumar and Palani (PW7) slept as usual in the verandah of the house. The appellant-Shanmugam also used to sleep with them but for some reason he did not turn up to do so on that day. At about 2.45 a.m. on the night intervening 28th and 29th July, 2002, Palani (PW7) heard the sound of a stone being thrown. He woke up to see the appellant-Shanmugam standing near the head of the deceased and the remaining two appellants also standing close by. The prosecution case is that Palani (PW7) was threatened by the appellants not to disclose to anyone regarding anything for otherwise they would kill him also. At this, Palani (PW7) shouted and ran to hide himself on the rear side of the house. In the meantime, PWs 1 to 3 who were sleeping inside the house also awoke upon hearing the noise and started shouting for help. This woke up their neighbour (PW8) in the opposite house who went over to the house and opened the door to help them come out. PWs 1 and 8 then went to the rear side of the house to find the appellant-Shanmugam lying beside a plantain tree with his hands tied with a cloth.

It was also noticed on removing the blanket covering the deceased that someone had smashed his head with a stone which was lying at his side. When the appellant-Shanmugam was asked as to who had beaten him and thrown him behind the house, he stated that it was some stranger who had done so. Senthil was rushed to the hospital but died en-route. Selvam (PW1) went to the police station and lodged an oral complaint. The police registered a case under Sections 302 and 324 IPC.

3. After completion of the investigation the police filed a charge-sheet against the appellants accusing them of committing the murder of Senthil Kumar. The appellants were then committed to the Sessions Judge, where they pleaded not guilty and claimed trial. At the trial the prosecution examined as many as 18 witnesses to prove its case. The Sessions Judge eventually came to the conclusion that the prosecution had proved its case beyond a reasonable doubt and accordingly convicted the appellants for the murder of the deceased-Senthil Kumar and sentenced them to undergo imprisonment for life under Section 302 read with Section 34 IPC. They were also sentenced to pay a fine of Rs.2,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for two years. The Sessions Judge based his conviction primarily on the strong motive which appellants Shanmugam and Velu had to do away with the deceased due to his love affair with Usha. The Sessions Judge relied heavily upon the deposition of Palani (PW7) and the letter Exh. P-22 allegedly written by appellant-Shanmugam to the mother of the deceased, Murugambal (PW2) accusing appellant- Velu to be the person responsible for the death of the deceased.

4. Aggrieved by their conviction and sentence imposed upon them, the accused person preferred Criminal Appeal No.1008/2007 before the High Court of Madras which appeal has been dismissed thereby confirming the conviction and sentence recorded by the trial Court. The High Court held that while the deposition of Palani (PW7) was reliable, letter Exh. P-22 allegedly written by the appellant-Shanmugam to the mother of the deceased, Murugambal (PW2) was not. The confessional statement was held to be inadmissible having been produced after the statement of the accused persons had been recorded under Section 313 Cr.P.C. Independent of the said document, the High Court felt that the evidence on record formed a complete chain of circumstances that unerringly pointed to the guilt of the appellants. The present appeals assail the correctness of the said judgment as noticed above.

16. In the totality of the circumstances, we are of the view that the prosecution has not proved its case against the appellants who are, in our opinion, entitled to acquittal giving them the benefit of doubt. In the result, these appeals succeed and are hereby allowed. The appellants shall stand acquitted of the charges framed against them giving them the benefit of doubt.