Crl.A(MD)No.306 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2022
CORAM :
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.A(MD)No.306 of 2019
Muthu .. Revision Petitioner/
Defacto Complainant/ P.W-1
Vs.
1.State represented by,
The Inspector of Police,
Annavasal Police Station,
Pudukkottai District.
(Crime No.196/2008) .. Respondent/Complainant
2.D.Rajendran
3.K.Palanivelu .. Respondents/Accused 1 & 2
PRAYER: Criminal Appeal filed under Section 397 & 401 of Criminal
Procedure Code, 1973, against the judgment and order, dated 25.09.2019
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https://www.mhc.tn.gov.in/judis
Crl.A(MD)No.306 of 2019
in S.C.No.12 of 2010 passed by the learned Additional District &
Sessions Judge/ Fast Track Court, Pudukkottai.
For Appellant : Mr.S.Jeyasingh
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor for R1
: Mr.P.Ganapathi Subramanian
for R2 &R3
JUDGMENT
J.NISHA BANU,J.
and N.ANAND VENKATESH, J.
This appeal has been filed against the judgment and order of the Additional District & Sessions Judge/Fast Track Court, Pudukkottai, made in S.C.No.12/2010, dated 08.09.2010, acquitting the accused persons from charges under Sections 120(b) and 302 r/w 34 IPC. Page No.2 of 13 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.306 of 2019
2. This appeal was initially filed by the father (P.W-1) of the deceased. During the pendency of the appeal, the father died and this Court proceeded to hear the appeal since P.W-2 is a victim and was the mother of the deceased.
3. The case of the prosecution is that A1 and the deceased Kumar @ Sasikumar are well known to each other. The deceased is said to have stayed in the house of A1 on many occasions. The further case of the prosecution is that A1 developed an illegal intimacy with one Muthumeenal, who was the wife of one Murugesan. The deceased is said to have seen A1 and the said Muthumeenal together. He had threatened A1 that he will inform the illegal intimacy to his wife and A1 pleaded with the deceased not to reveal about the relationship to anyone. However, the deceased had spoken about the relationship to the mother of A1 and some others belonging to the locality. Page No.3 of 13 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.306 of 2019
4. A1 on coming to know of the same, got enraged against the deceased and decided to do away with him. Hence, A1 had informed about his intention to A2 and both of them entered into a criminal conspiracy. Pursuant to the same, they called the deceased on 27.10.2008 at about 4.00 p.m., and took him to the scene of crime and informed the deceased that if he consumes one full bottle of liquor, he will be paid a sum of Rs.300/-. The deceased believed A1 and A2 and they all met along with Selvam and Radhkrishnan near PRP Granites. While the deceased was consuming liquor, A2 is said to have added pesticide to the liquor. The deceased not knowing the same, consumed the liquor in entirety and he fell down. The deceased was taken in his vehicle and was dropped in the house of A1. Thereafter, in order to conceal the entire incident, A1 and A2 took the deceased to the Government Hospital, Pudukkottai. It was found that the deceased died due to consumption of pesticide which was detected as Organo Phosphorus poison.
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5. A complaint was given by P.W-1 in this regard and an FIR came to be registered. On completion of investigation, the final report was filed and charges were framed against the accused persons under Sections 120 (b) and 302 r/w 34 IPC. The prosecution examined P.W-1 to P.W-15 and marked Ex.P1 to Ex.P12.
6. The trial Court, on considering the facts and circumstances of the case and after appreciating the evidence available on record, came to a conclusion that the prosecution did not prove the case beyond reasonable doubts and accordingly, acquitted the accused persons from all charges. Aggrieved by the same, P.W-1 filed a revision petition before this Court and the same was converted into an appeal against acquittal.
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7. Heard Mr.S.Jeyasingh, learned counsel appearing for the appellant, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the first respondent and Mr.P.Ganapathi Subramanian, learned counsel appearing for the respondents 2 and 3.
8. This Court has carefully considered the submissions made on either side and the materials available on record.
9. The deceased was the adopted son of P.W-1. This witness also knows about the accused persons and their relationship with the deceased. The Court below, on appreciating the evidence of P.W-1, came to a conclusion that there were two complaints given by this witness. The first complaint was given to the Panchayat President on 27.10.2008 at 10.15 p.m. , to the effect that his son died due to severe abdominal pain and the next day, yet another complaint was given at 10.00 a.m, as if the deceased was found in the mortuary.
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10. Along with the evidence of P.W-1, the evidence of P.W-2, who is the mother of the deceased, was also considered. She also tendered evidence on the same lines of P.W-1.
11. P.W-3 stated in his evidence that he saw the accused persons at about 5.00 p.m., and there was a boy, who was lying down and they asked P.W-3 to lift the boy since he was in an inebriated condition. P.W-4 has also given evidence to the same effect.
12. P.W-5 has stated in his evidence that he went to the house of P.W-1 on the Deepavali day and saw the deceased and he went along with the deceased to Koothanipatti and again dropped the deceased in the house of P.W-1.
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13. The evidence of P.W-9 also assumes significance in this case since she is the wife of the deceased and she is said to have enquired with A1 as to the whereabouts of the deceased and he informed her that he was completely inebriated and is sleeping in the house. She is said to have informed the same to P.W-1. Thereafter, she came to know about the demise of her husband.
14. The Court below, on considering the evidence of all the above witnesses, came to a categoric conclusion that the prosecution was not able to establish the so called illicit relationship between A1 and Muthumeenal and that in a case involving circumstantial evidence, the motive itself was not established by the prosecution.
15. The Court below also considered the evidence of the doctor and the chemical analyst and the documents marked through them. On considering the same, it was found that there was no proof to Page No.8 of 13 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.306 of 2019 show that the poison was mixed along with liquor and the liquor was consumed by the deceased and as a result, he died. The final opinion of the doctor shows that the deceased would appear to have died of Organo Phosphorus Insecticide poison and ethyl alcohol. However, a definite final opinion was not able to be given since the prosecution did not even recover the so called bottle in which the alcohol was stored and consumed by the deceased. In other words, except the oral evidence of the witnesses, there was not a single material object that was recovered in this case regarding both the alcohol as well as the insecticide which was mixed with the alcohol.
16. In view of the above, the trial Court came to the conclusion that the guilt of the accused cannot be established on mere assumptions without there being a definite proof on the side of the prosecution. Thereby, the Court below acquitted the accused persons from all charges.
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17. In the considered view of this Court, acquittal of an accused person by a competent criminal Court only reiterates the innocence of the accused persons. In an appeal against acquittal, the judgement and order of acquittal will be interfered only when there is glaring infirmity in appraisal of evidence or where the finding is perverse or arbitrary. Once the trial Court, on assessing the available materials, acquits the accused person and if it is a 'possible view', the same cannot be reversed in appeal. Useful reference can be made to the judgment of the Apex Court in N.Vijayakumar v. State of Tamil Nadu, reported in 2021 (1) MWN (Crl) 602 (SC), in this regard.
18. In view of the above finding, this Court does not find any grounds to interfere with the judgment and order of the trial Court and accordingly, this criminal appeal stands dismissed. The judgment and order of the Additional District & Sessions Judge/Fast Track Court, Page No.10 of 13 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.306 of 2019 Pudukkottai, made in S.C.No.12/2010, dated 08.09.2010, acquitting the accused persons from charges under Sections 120(b) and 302 r/w 34 IPC is hereby confirmed.
[J.N.B, J.] & [N.A.V., J.]
27.09.2022
Index : Yes/No
Internet : Yes/No
PJL
To
1.The Additional District & Sessions Judge, Fast Track Court, Pudukkottai.
2. The Inspector of Police, Annavasal Police Station, Pudukkottai District.
Page No.11 of 13 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.306 of 2019
3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
Page No.12 of 13 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.306 of 2019 J.NISHA BANU, J AND N.ANAND VENKATESH, J PJL Judgment made in Crl.A.(MD)No.306 of 2019 27.09.2022 Page No.13 of 13 https://www.mhc.tn.gov.in/judis