Krishnan vs State Represented By Inspector Of ...

3. Three accused - Krishnan [A-1], Tamilarasi [A-2] and her husband Muthuraman [A-3] were charged in Sessions Case No. 41/1996 on the file of the Court of Principal Sessions Judge, Sivaganga. A-1 and A-2 were tried under Section 302 read with Section 34 of the IPC and Section 380 of the IPC. A- 3 was tried under Section 414 of the IPC. The learned trial Judge held A-1 and A-2 guilty under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life. All the accused were acquitted of the charges under Sections 380 and 414 of the IPC. A-1 challenged his conviction and sentence before the High Court in Criminal Appeal No. 816/1996 whereas A-2 preferred Criminal Appeal No. 249/1998.

4. Briefly stated, the case of the prosecution is as under:-

5. Balakrishnan (P.W.-18), Inspector of the Police Station, went to the spot of incident and prepared Mahazar [Ex. P-4] and Death Investigation Report [Ex. P-15] in the presence of Panchayatraras. He prepared spot map [Ex. P-16] and recorded the statements of P.W.-1, P.W.-4, P.W.-5 and other material witnesses. On the same day, he sent the dead body of Rasitha Begum to the Government Hospital, Karaikudi, with requisition [Ex. P-2] for conducting post-mortem. On 10.04.1995, P.W.-18 arrested A-2 and A-3 near Karaikudi Water Tank. The Investigating Officer recorded the confessional statement of A-2 in the presence of Govindam (P.W.-12) leading to the recovery of 22 carat black beads golden Karukumani. He took A-3 to Thirumurugan Amman Sannidi Jewellery Shop and recovered M.O.M. 02 [Ex. P-7] from there in the presence of Saminathan (P.W.-13). On 18.05.1995, A-1 was taken to the Police custody from judicial custody.

6. Dr. Seenivasan (P.W.-2) on 29.03.1995 conducted the post-mortem on the dead body of Rasitha Begum and as per Post-Mortem Report [Ex. P-3], he noticed the following injuries:-

In the opinion of the doctor, cause of death was as a result of strangulation of the neck of the deceased and asphyxia within duration of 24 - 30 hours prior to the post-mortem.

7. After completion of the investigation and on receipt of the Post-Mortem Report [Ex. P-3] and other documents, charge sheet was laid by P.W.-18 against A-1, A-2 and A-3 for commission of the alleged crime. The learned Judicial Magistrate, Karaikudi, committed the trial to the learned Sessions Judge, who framed the charges against A-1, A-2 under Section 302 read with Section 34 of the IPC and under Section 380, IPC, for removing 14 gms. gold ornaments from the body of the deceased and A-3 was charged under Section 414, IPC. The accused denied the charges and claimed to be tried. The prosecution examined as many as 18 witnesses in 8 support of its case. In their statements recorded under Section 313 of the Code of Criminal Procedure, the accused persons denied their involvement in the commission of the offence and stated that they have been implicated in a false case at the instance of the Police and lastly they pleaded innocence. However, no defence evidence has been led by them.

8. It is the admitted case of the parties that there is no direct evidence connecting A-1, A-2 and A-3 in the commission of the crime. The prosecution case entirely rests upon circumstantial evidence. The learned Sessions Judge relied upon the evidence of P.Ws.-1, 3, 4, 5, 17 and 18 and held A-1 and A-2 guilty of the murder of Rasitha Begum and, accordingly, sentenced them imprisonment for life whereas they were acquitted under Section 380, IPC. A-3 has been acquitted for offence under Section 414 of the IPC for lack of cogent and convincing evidence against him. A-1 and A-2 filed the above mentioned two separate appeals under Section 374 of the Code of Criminal Procedure before the High Court against their conviction and sentence. The Division Bench of 9 the High Court dismissed both the appeals by common order and confirmed the conviction and sentence imposed upon A-1 and A-2 under Section 302 read with Section 34 of IPC.

15. Bearing the above principles of law enunciated by this Court, we have scrutinized and examined carefully the circumstances appearing in this case against A-1. P.W.-1, the husband of Rasitha Begum-deceased had not named A-1 as an assailant of the murder of his wife in the complaint [Ex. P- 1] lodged by him in the Police Station on the basis of which FIR [Ex. P-14] came to be registered by P.W.-18. It is his 16 evidence that he disclosed the names of the assailants and other material details of the crime to P.W.-6, who scribed the complaint at his instance. P.W.-1 went to the Police Station with his brother, brother-in-law and P.W.-6 and reported the matter to P.W.-18, but he again did not name A-1 as an accused along with A-2 and A-3 against whom complaint was made. The testimony of this witness has not established that A-1 was present in the house of A-2 and A-3 at the time and on the day of the murder of his wife.

21. In the result, the appeal is allowed. The conviction and sentence of A-1 is set aside and he is acquitted of the charge 24 of murder of Rasitha Begum by giving him benefit of doubt. Appellant-Krishnan is in custody and he is directed to be released forthwith if his detention is not required in any other case.