[2008] 16 S.C.R. 735

STATE OF TAMIL NADU A v.

MANMATHARAJ (Criminal Appeal No. 815 of 2002)

NOVEMBER 28, 2008 B

[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM •

SHARMA, JJ.]

PENAL CODE, 1860: c ss. 302 and 201 - Accused convicted of his wife's murder

- Trial court relying on the extra-judicial confession stated to have been made to village Administrative Officer - Acquittal by High Court as it did not find reliable the confession and the evidence led to corroborate it - HELD: High Court has : D rightly held the prosecution version unacceptable - There is no infirmity in the reasoning of High Court to warrant interference - Evidence - Extra-judicial confession.

The respondent was prosecuted ulss 302 and 201 E IPC for casing death of his wife. The prosecution case , emanated from the confession (Ext. P-1) stated to have been made by the respondent before the Village Administrative Officer (PW-1) in the presence of PW-7. ; The trial court on the basis of the extra-judicial confession and the evidence of PW-1 and PW-7, convicted the F ...

( ,.ii( accused, /but the High Court acquitted him~

In the instant appeal filed by the State, it was contended for the appellant that the High Court erred in doubting authenticity of Ext. P-1 and acquitting the G accused.

~ Dismissing the appeal, the Court

735 H ...

A HELD: 1.1. The High Court, having cohcluded that the extra-judicial confession (Ext. P-1) lacks corroboration, has referred to the oral evidence of PWs 1 and 7 to find out whether their evidence would pass the test of reliability. The High Court was of the view that it could rely B upon their evidence if it was held that Ext.P~1 had come to be 'recorded withouf any sspicious circumsfance surrounding it. In this 'context, a perusal of Ext .P-15 (printed First Information Report) as well as Ext. P-1 itself gives room to doubt the very truth of these two c documents. At the foot of Ext. P-1, PW-1 made an endorsement. The endorserrlent as it stood originally reads that PW1 himself had taken the accused and Ext.

P-1 to the Police Station. However, there is a correction in the. en.dorement made at the foot of Ext.P.;1 and it is o made to appear that the accused was sent to the Police

Station along with Ext. P-1 and other material records only with PW-7, the village menial. The contradictory statements of PW-7, J>W-10 and PW-14 also cast doubt on. the time and manner of registration of Ext. P-1 and E preparation of other mate, rial records in 1the Police Station. [Pa_ra 5 and 6] [739-H; 740-A-C]

 .2. When an extra judicial confession i~ given to the Village Administrative officer, he goes to the scene of occurre_n.ce-; .. -observes ttie dead body as well as the F scene; satisfies himself about the truth of the sttement '.

given by the person concerned and then,. prepares the ' ,.material records, in duplicate and sends the same to the court and a copy thereof to the Police Station. But in the instant case, the Village Administrative 9fficerciid not do G anything of that sort thol¥Jh he had 10 years of experience and categorically admitted that he knew the procedure. The failure on the part.of PW1 to send the material records to the Court, especially, when he was aware of his duty in that regard is yet another H

...

' 1 --.

:1,

STATE OF TAMIL NADUI v. MANMATHARAJ 737

-.., circumstance which is sufficient to doubt the entire case A of the prosecution put through PWs 1 and 7. [Para 7]

[741-F-H; 742-A-B]

1.3. The High Court has rightly held that the prosecution yersion is unacceptable. There is no infirmity B

1-./ in the reasoning of the High Court to warrant interference. [Para 8 and 9] [7 42-C]

}- . CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 815 of 2002.

C' From the final Judgment and Order dated 20.4.2001 of the

High Court of Judicature at Madras in Criminal Appeal No. 718 of 1993.

V. Shunmugasun Daram, S. Thananjayan and R.

D Nedumaran for the Appellant.

V.J. Francis, A. Radhakrishnan and Anupam Mishra for the

1 ., Respondents .

The Judgment of the Court was delivered by E

DR. ARIJFr PASAYAT, J. 1. Challenge in this appeal is, to the judgment of the Division Bench of the Madras High Court allowing the appeal filed by the respondent (hereinafter referred

' to as the 'accused') who was convicted for the offence F punishable under Section 302 and Section 201 of the Indian ...;( Penal Code, 1860 (in short the 'IPC').

2. Prosecution version in a nutshell is as follows:

The accused is. a resident of Chockalingapuram. The G

>· deceased Mariammal was his wife. Their marriage had taken

;.. place ten years prior to the occurrence. (The occurrence was on 29.5.1990) The deceased and the accused have a son

aed about eight years. The deceased was employed in a private establishment near her village. PW2 is her co-worker.

t "- ' 738

SUPREME COURT REPORTS [2008] 16 S.O.Ft ~

~ . ' 1- A The accused came fo .. know that his wife was having an illicit r 1- , affair with PW 2. Therefore, he:warned his wife: However; 'the

I . deceased continued her affair with PW2. Two weekspriorfo the occurree~. on coming to know that th~ deceased and PW2 ... are happily spentling their time in the plantain garden of B Neerkathalingm •. n'orth ofthe village, the(lccused wenfthere

to catch them red-handed. Seeing his movements there, PW2

... and the deceased parted company and moved away. On 25.5.1990, the deceased and PW2 were found sharing their 4 bed in the very same plantain garden by PW3 and PW4. Both c PWs 3 & 4 reprimanded them. Coming to know about this incident, the accused questioned his wife on 29.5.1990 and his wife flatly refused such an incident There was an exchange of I- Jwords between the two during which the accused abused the

~ deceased stating that he had been put to shai:ne on account D of his wife's conduct and therefore, he must .k!ll her. He wanted r- ' his wife to accompany him so that he could verify with PWs 3 r- & 4 about the in.cident on 25.5.1990 in her presence. With that

!"-

object in his mind, the accused took his wife to the private ,. .._

Iestablishment where she was working. Enroute, they found r- I - E PW5 seated under a banvan tree. The deceased invited him l I to jo[n them: tiowever, the.accused told PW5 not to accompany

I>'-

them. The deceased and the accused .were proceed.ing ' towards north and they were passing a channel called "Vadi ._ Kalvai" around 12 n, oon on that day. The deceased refused to L F proceed further towards the private establishment where she t-. was working. She also told the accused at that time that she L ...... would move only like that with PW2 and if the accused Is not

..... .>... t willing for such a course, then she would rather go with PW2.

Deciding that she should not be allowed to live any more, the

G accused fisted her and pushed her inside the channel. Pressing

her inside the water, he picked up a white stone lying nearby and repeatedly attacked ori her head with that stone resulting ... in injuries on the back side of her head, left ear and over the

'"' right cheek. Mariammalwas bleeding through the injury on her

H head which stained the. earth as well as her saree. When

r .

STATE OF TAMIL NADUI v. MANMATHARAJ 739

[DR. ARIJIT PASAYAT, J.] --r Mariammal was being pushed by the accused, she bit his right A hand index finger as well as his right hand resulting in injuries to the accused. Thinking that Mariammal would die, the accused leaving Mariammal at the spot itself, rushed .to the establishment where his younger brother Kasirajan was working and confessed to him that he had attacked his wife with a stone.

B The accused and Kasirajan immediately went to the scene of occurrence where they found Mariammal fighting for her life. )'.

Immediately, the accused and his younger brother put her in a cart and took her to the house where she was laid on the western side of the house. When Mariammal was being taken c down from the cart, the shirt of the accused and his younger brother becme blood-stained. Sometime later, Mariammal died. The accused thought of burning his wife's body secretly.

However, his conscience did not permit him to do so which impelled him to disclose the truth to someone. Accordingly, he 0 reached the office of PW 1, the Village Administrative Officer around 8 p.m. On 29.5.1990 where PW7 and the Panchayat President were there. In their presence the accused gave a

~ confessional statement.

3. The Trial Court placing reliance on the extr.a judicial E confession given to the Village Administrative Office (PW1) in the presence of PW7 directed conviction. In appeal, the High Court set aside the conviction. The High Court after referring to the evidence of PWs 1 and 7 held that Ex.P1 lacks authenticity.

4. Learned counsel for the appellant submitted that the High Court should riot have directed acquittal doubting the authenticity of Ex.P1. Learned counsel for the respondent

supported the judgment.

5. In the instant case, having concluded that Ex. P 1 lacks

~ corroboration, High Court has referred to the oral evidence of PWs 1 and 7 to find out whether their evidence would pass the

A test of reliability. High Court was of the view that it could rely -..rupon their evidence if it was: held that Ex. P 1 had conie to' be recorded without any suspicious circumstance surrounding it r In this context, .a perusal of Ex.tP15 as well as Ec P1 itself give room to doubt.the very truth of Exs. P1 and P15. At the foot of I B Ex. P1, PW1 had made an endorsement. The endorsement as it stood originally reads that PW1 himself had taken the accused and Ex. P1 to the Police Station. However, there is a

l> , I

correction in the endorsement made at the foot of Ex.P1 and it { is made to appear that the accused was sent to the Police

\ ' c Station along with Ex. P1 and othermaterial records onlywith .

...__

PW7, village menial. PW7 would 'state that he went to. the r- Police Station where he presented the accused as well as '

Exs.PI and P3 to the Sub-Inspector of Police, examined as PW1 O in this case. PW 1 O had also stated so. But, in the same t D breadth, PW1 stated that he reached the Police Station at 12

~ in the night i.e., in the midnight of 29.5.1990; waited there for one hour; the Inspector of Police came and gave Ex. P1 only to him. He knows the difference between a Sub-Inspector and

.,..

1- ' an Inspector. If the evidence of PW7 is accepted, itwill show ..

I• beyond doubt that he had reached the Police Station only, in I E I . - . l the midnight of 29.5.1990 and Ex. P1 hadbeen handed over by him only to the Inspector of Police., Ex. P15 is the printed First lnformation Report. The evidence of PW10 shows that t--- Ex.Pl had come to be registered in the Police Station at 10 p.m.

\ J. on 29.5.1990. Though under normal circumstances, the >- F

I evidence of PW7 regarding the time at which he reached the -~ --...

Police. Station and to whom he had handed over the material

)...

records .and the accused would not assume any importance if there are any other direct circumstance in favour of the G prosecution, yet, in view of the fact that the prosecution, in this t case, rests only upon the extra judicial confession tatement which does not find corroboration at all on general particulars, • this evidence of PW7, definitely cannot be brushed asidewhile -'

appreciating the case. of the prosecution.

~ '

'cf

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STATE OF TAMILNADUI v. MANMATHARAJ 741

[DR. ARIJIT PASAYAT, J.]

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6. One other circumstance in the evidence of PW 7 which A definitely casts doubt on the cas~ of the prosecution is that he stated that after giving the material records at the Police Station, he went back home sndthe ObservationMahazar and other material records were prepared by the Investigating Officer commencing from 6 a.m. on 30.5.1990. Therefore, B according to PW?, after he handed over the material-records at the Police Station, he went home and. again participated in

~ the exercise done by the Investigating Officer only from 6 a.m. onwards on the following morning. However, it is seen from _the evidence of PW 14 that the preparation of records had all been C done, right from the midnight of 29.5.1990 itself in which PW7 actively participated. If this piece of evidence of PW14 which stands corroborated by contemporaneous documents is accepted, then the oral evidence of PW7 that he had handed over the material records to the Inspector of Police alone cannot O be totally brushed aside as inadvertent evidence. Why PW 7 wants to withhold even this piece of correct information in Court,

~ namely, the time at which the material records starting from

;...

Ex.P4 had come to be prepared in a conduct can be definitely taken into account to doubt the evidence of PW7 and Ex.P1 E: would not have been registered at 10 p.m. as spoken to by PW

10.

7. When an extra judicial confession is given to the Village Administrative Officer, he goes to the scene of occurrence; F observes the dead body as well as the scene; satisfies himself about the truth of the statement given by the person concerned and then, prepares the material records. In this case, he did not do anything of that sort. Over and above all this PW1 has categorically admitted he knows that when an extra judicial G confession statement is given to him, he should prepare not only a duplicate of the same but also prepare a duplicate of the Yadast which must be sent to the Court by him. He had categorically admitted that he neither sent Ex.P1 nor Ex.P3 to the Court. He had been a Village Administrative Officer of ten

A .. years standing. The.purpose of sending documents likeExs.PI

and P3 to the Court and the copies of the same to the Police is to.eliminate.false implication and to add.credibility to the extra jud.idal. confessionsfatement itself The failure on the part of ·

PW1 1to. s.end he material. records to the Court, especially, when B he. ws. aware of his duty in that regard is yet another circumstance which is sufficient to doubt the entire case of the prosecution put through PWs 1 and 7.

8. The High Court has rightly held that the prosecution c version is unacceptable.

9. We find noinfirmity in the reasoning of the High Court to warrant interference.

10. The appeal is dismissed.

R.P.

Appeal dismissed.

, I