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H.Shakir vs State By
2024 Latest Caselaw 348 Mad

Citation : 2024 Latest Caselaw 348 Mad
Judgement Date : 5 January, 2024

Madras High Court

H.Shakir vs State By on 5 January, 2024

Author: S.S. Sundar

Bench: S.S. Sundar

                                                                                        Crl.A.No.350 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             Reserved on         :    15.12.2023

                                             Pronounced on       :    05.01.2024

                                                             CORAM :

                                     THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                               AND
                                   THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                        Crl.A.No.350 of 2021

                     H.Shakir                                                      ... Appellant/Accused

                                                                Vs.
                     State by
                     Inspector of Police,
                     Annur Police Station,
                     Crime No.339 of 2016,
                     Coimbatore District.                                   ... Respondent/Complainant

                                  Criminal Appeal filed under Section 374(2) Cr.P.C., praying to set
                     aside the judgment of conviction and sentence, dated 19.09.2018, in
                     S.C.No.169 of 2017 on the file of the I Additional District and Sessions
                     Court, Coimbatore.


                                        For Appellant      : Mr.Philip Ravindran Jesudoss

                                        For Respondent     : Mr.A.Gokulakrishnan

                     Page 1 of 28


https://www.mhc.tn.gov.in/judis
                                                                                             Crl.A.No.350 of 2021

                                                          Additional Public Prosecutor
                                                        JUDGMENT

S.S. SUNDAR, J.

The above appeal is by the appellant/sole accused challenging the

judgment of conviction and sentence, dated 19.09.2018, passed by the

learned I Additional District and Sessions Judge, Coimbatore, in

S.C.No.169 of 2017. The appellant was convicted and sentenced by the trial

Court as follows :

Conviction Sentence Section 302 IPC Life Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo Imprisonment for three months Section 449 IPC Rigorous Imprisonment for ten years and to pay a fine of Rs.1,000/-, in default, to undergo Imprisonment for three months Section 309 IPC Simple Imprisonment for one year The sentences were ordered to run concurrently

2.The case of the prosecution is that the accused developed one side

love towards the deceased, who is the daughter of the de facto complainant;

that the deceased did not agree for the same; that the accused approached

the parents of the deceased to give their daughter in marriage to him; that

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the deceased, as well as the parents of the deceased, did not agree, as the

accused belonged to different community following different religious faith;

that the accused threatened the parents of the deceased that their daughter

would be done away if he cannot marry her; that the parents of the deceased

arranged marriage of the deceased with one Dinesh Kumar; that the

marriage engagement function was performed about two weeks prior to the

incident; that the would-be husband of the deceased presented the deceased

with the marriage ring; that enraged by the same, the accused, with an

intention to commit murder, entered into the house of the deceased on

14.09.2016 at about 5.30 p.m., when the parents of the deceased were away

to consult a local medical practitioner (country medicine) to give treatment

to the father of the deceased (P.W.2), and attacked the deceased with a knife

and caused multiple stab/cut injuries on the deceased; that ultimately, the

deceased succumbed to the injuries on spot; that when the parents of the

deceased returned home at around 7.00 p.m., they found their daughter dead

in their house; that the mother of the deceased (P.W.1) saw the accused

climbing over the compound wall at the backside of their house with a

blood-stained knife in his hands; that the mother of the deceased (P.W.1)

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lodged a complaint before the respondent Police.

3.After registration of the complaint on 14.09.2016, P.W.16, the

Inspector of Police (Investigating Officer) visited the spot along with the

Police team and Photographer who took photographs at the scene of

occurrence. P.W.16 then prepared the Observation Mahazar and Rough

Sketch, marked as Exs.P8 and P19 respectively. He also prepared the

Seizure Mahazar (Ex.P9) in the presence of panchayatars and arranged for

the autopsy of the body of the deceased. After obtaining the postmortem

report (Ex.P3), he handed over the body of the deceased to the relatives of

the deceased for burial. P.W.16 received the Seizure Mahazar from the

Women Head Constable who sent the blood-stained clothes for chemical

analysis.

4.Thereafter, on 16.09.2016, P.W.16 visited the hospital in which the

accused was taking treatment for having consumed poisonous substance

(sani powder), and monitored him throughout the period of treatment and

also made arrangements to get dying declaration from the accused, as the

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accused was, at that time, in serious condition. Thereafter, he examined the

Head Constable who made arrangements for bringing sniffer dog and

examined the officer who registered the FIR. Thereafter, when he found

that the accused was discharged from the Coimbatore Medical College

Hospital, Coimbatore, arrested the accused on 26.09.2016 at 3.30 p.m.

5.Since the accused came forward to give a confession statement, the

Investigating Officer recorded the same in the presence of witnesses and as

disclosed by the accused, he accompanied the accused to the burial ground

at Chokkampalayam Village and seized the knife which was the murder

weapon from the accused, which was kept by the accused in the nearby

bushes, under Seizure Mahazar (Ex.P10). The accused, in his confession,

admitted that he would show the place in which his blood-stained shirt was

hidden. However, the accused was unable to show the shirt which,

according to him, was thrown in the gutter. Thereafter, the accused was

produced and was brought under judicial custody.

6.The Investigating Officer examined the Doctor who conducted

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autopsy and obtained blood sample report to confirm that the blood found in

the dress of the deceased and in the murder weapon matched the blood of

the deceased. After completing the investigation, P.W.16 filed the final

report charging the accused for the offences under Sections 302, 449 and

309 IPC.

7.On appearance of the accused, the provisions of Section 207 Cr.P.C.

were complied with and the case was committed to the Court of Session in

S.C.No.169 of 2017 and was made over to the I Additional District and

Sessions Court, Coimbatore, for trial. The trial Court framed charges for the

offences under Sections 449, 302 and 309 IPC against the accused and when

questioned, the appellant pleaded 'not guilty'.

8.To prove the case, the prosecution examined P.W.1 to P.W.16 and

marked Exs.P1 to P23, besides M.O.1 to M.O.10. When the accused was

questioned under Section 313 Cr.P.C. on the incriminating circumstances

appearing against him, he denied the same. The accused had not let in any

oral or documentary evidence.

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9.After considering the evidence on record and hearing either side,

the trial Court, by judgment dated 19.09.2018, found the accused guilty of

the offences under Sections 302, 449 and 309 IPC and convicted and

sentenced him as stated supra.

10.Challenging the conviction and sentence, the accused has preferred

this Criminal Appeal.

11.Heard the learned counsel for the appellant/accused and the

learned Additional Public Prosecutor appearing for the respondent.

12.P.W.1 is the mother of the deceased. P.W.2 is the father of the

deceased. P.W.3 is the cousin brother of P.W.1. P.W.4 is the neighbour who

had let out a residential portion to the accused and vacated him just prior to

the occurrence.

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13.P.W.5 is the Doctor who conducted autopsy and gave postmortem

report, which is marked as Ex.P3. As per the report, P.W.5 identified 21

stab/cut injuries caused by the murder weapon. The following are the ante-

mortem injuries seen over the body of the deceased :

i. Cut injury 1x0.5 cm x scalp deep noted over the right frontal region ii. Cut injury 0.5x0.25cm x muscle deep noted over outer aspect of right upper lip iii. Cut injury 2.5 x 1 cm x bone deep noted over the middle of chin iv. Reddish abrasion 3 x 0.5 cm noted over right side chin v. Vertical stab injury 3 x 1 x 5 cm noted over top of right shoulder. The lower end is sharp and the upper end is blunt. On dissection the wound passes inwards, downwards and cutting the underlying muscle, vessels, nerves and partially cutting the bone.

vi. Stab injury 4 x 1 x 4 cm muscle deep noted over outer aspect of back of right forearm in its upper 1/3rd, on dissection the wound passes inwards, downwards cutting the underlying muscle, vessels, nerves and comes out on inner aspect of right forearm measuring 3.5 x 1 cm.

https://www.mhc.tn.gov.in/judis

vii.Cut injury 3 x 0.5 x 0.5 cm muscle deep noted over back of right forearm in its upper 1/3rd.

viii.Cut injury 6.5 x 4 cm x muscle deep noted over back of right lower arm.

ix. Vertical stab injury 3 x 1.5 x 4 cm noted over left upper chest, 1 cm above left nipple, 1 cm above left nipple. The upper end is sharp and the lower end is blunt. On dissection the wound passes inwards, downwards, and cutting the underlying 4th inter costal muscle, vessels and nerves.

x. Cut injury 5 x 1 cm x muscle deep noted over inner aspect of left palm xi. Cut injury 2 x 0.5 cm x muscle deep noted over inner aspect of base of left thumb xii.Cut injury 5 x 2 cm x muscle deep noted over back of left arm in its middle 1/3rd.

xiii.Vertical oblique stab injury 4 x 1 x 7 cm noted over outer aspect of left upper chest, 5 cm below the left axilla. The inner end is sharp and the outer end is blunt. On dissection the wound passes inwards, downwards and cutting the underlying 3rd inter costal muscle, vessels, nerves, and enter into the left plural cavity piercing the lower border of upper lobe of left lung measuring 3 x 1 x 5 cm and piercing the pericardial sac and enter into the pericardial cavity and piercing the left atrium measuring 2 x 1 cm x cardiac cavity deep. Left side

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pleural cavity contains about 1000 ml of fluid blood. xiv.Vertical stab injury 5 x 2 cm x peritoneal cavity deep noted over outer aspect of left side abdomen just below the rib cage. The inner end is sharp and the outer end is blunt. On dissection the wound passes inwards, backward, upwards and cutting the underlying muscle, vessels, nerves, enter into the peritoneal cavity with pierceing the diaphragm and enter into the left pleural cavity then passes the base of lower lobe of left lung measuring 2 x 1 x 3 cm.

xv. Horizontally oblique cut injury 6 x 3 cm x muscle deep noted over back of left side chest, 3 cm below lower end of left scapula. On dissection the wound cutting the underlying 8th inter costal muscle, vessels and nerves.

xvi.Inverted “L” shaped stab injury horizontally measuring 6 x 2 cm x cavity deep and vertically measuring 4 x 2 cm x cavity deep noted over front of middle of abdomen just above umbilicus. The upper end is sharp. On dissection of vertical injury passes inwards, backwards, cutting the underlying muscle, vessels, nerves enter into the peritoneum and piercing the upper part of small intestine measuring 2 x 1 cm x lumen deep. On dissection of horizontal injury passes inwards, downwards and cutting the underlying muscle, vessels, nerves and enter into the peritoneal cavity. Peritoneal cavity contains about 500 ml of fluid blood.

https://www.mhc.tn.gov.in/judis

xvii.Vertically oblique stab injury 2 x 1 x 3 cm muscle deep noted over right lower chest corresponding to 8th inter costal space. The inner end is sharp and outer end is blunt. On dissection the wound passes inwards, downwards, cutting the underlying 8th inter costal muscle, vessels and nerves along with muscle plane.

xviii.Stab injury 7 x 3 cm x peritoneal cavity deep noted over outer aspect of right side lower abdomen just above ileac chest. The inner end is sharp and the outer end is blunt. On dissection, the wound passes inwards, downwards, cutting the underlying muscle, vessels, nerves and enter into the peritoneal cavity. xix.Horizontal stab injury 3 x 1 x 4 cm bone deep noted over outer aspect of right side hip, 1 cm below the injury No.18. The inner end is sharp and the outer end is blunt. On dissection the wound passes inwards, downwards, cutting the muscle, vessels, nerves and partially cutting the right side ileum bone. xx. Stab injury 3 x 1 x 5 cm peritoneal cavity deep noted over outer aspect of right side abdomen, 6 cm above mentioned wound no.18. The inner end is sharp and the outer end is blunt. On dissection the wound passes inwards, downwards, cutting the underlying muscle, vessels, nerves and enter into the peritoneal cavity.

xxi.Cut injury 4 x 1 cm x muscle deep noted over outer aspect of right lower thigh. On dissection the wound cutting the

https://www.mhc.tn.gov.in/judis

underlying muscle, vessels and nerves along with the muscle plane.

P.W.5 gave opinion that the deceased died of multiple stab injuries and its

corresponding internal injuries.

14.P.W.6 is a neighbour whose evidence is hearsay. However, he

witnessed the Observation Mahazar prepared by P.W.16. P.W.7 belongs to

the same Village where the deceased and her parents were living. P.W.7 has

witnessed the Seizure Mahazar showing the recovery of the murder weapon

which is marked as M.O.9. P.W.8 is the Head Constable and the trainer of

sniffer dog which was brought to the scene of occurrence. P.W.9 is the Sub-

Inspector of Police who received the complaint from P.W.1 on 14.09.2016 at

8.30 p.m.

15.P.W.10 is the Doctor who has treated the accused when he was

found consumed poisonous substance (sani powder) and was admitted in a

Hospital in Palakad at 11.15 p.m. on 14.09.2016.

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16.P.W.11 is the Judicial Magistrate No.I, Coimbatore, who was

called upon to record the dying declaration of the accused. He deposed to

the manner in which the dying declaration was obtained from the accused.

The dying declaration recorded by him has been marked as Ex.P16. The

document Ex.P15 is the requisition from the Hospital to record dying

declaration. Documents Exs.P15 and P16 were marked subject to objection

raised by the counsel appearing for the appellant that the two documents

were not filed along with final report. P.W.12 is the Assistant Professor in

Government Hospital, Salem at Mohankumaramangalam. On the date of

occurrence, he was working in the Intensive Care Unit at Coimbatore

Medical College Hospital, Coimbatore. He was the one who gave

requisition for getting dying declaration from the accused. He was also

present along with the learned Judicial Magistrate who recorded the dying

declaration of the accused. P.W.13 is also a Doctor who gave treatment to

the accused who was in the Intensive Care Unit for about 7 days, after

consuming poisonous substance on the date of occurrence, and thereafter,

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shifted to the General Ward.

17.P.W.14 is the Head Constable of Annur Police Station. P.W.14

deposed regarding the inquest over the body of the deceased and he sent the

dead body of the deceased to Government Hospital for autopsy. He also got

the personal belongings of the deceased and handed over the same to the

Investigating Officer by way of a Special Report marked as Ex.P18.

18.P.W.15 is the Photographer who took photographs which are

marked as M.O.10 series. M.O.10 series marked through P.W.15 shows the

photographs taken at the crime scene when he was called upon by the

Inspector of Police after the complaint.

19.P.W.16 is the Inspector of Police, who conducted the whole

investigation.

20.The trial Court, based on the postmortem report and the opinion of

the Doctor that the death was caused due to multiple stab injuries caused by

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the murder weapon, came to the conclusion that the death was due to

homicidal violence. In this case, the deceased was found dead in her house

with multiple stab injuries. From the postmortem report and the evidence of

the Doctor who conducted autopsy, it is evident that the deceased was

attacked by the knife which is the murder weapon, received 21 stab injuries

and the death was caused only due to multiple stab injuries and the

corresponding injuries in the internal organs. Therefore, this Court also

holds that the murder of the deceased was due to homicidal violence.

21.P.W.1, the mother of the deceased, P.W.2, the father of the

deceased, P.W.3, the relative of P.W.1, and P.W.4, the owner of the

neighbouring house, who had let out a portion of his property to the

accused, have spoken about the motive. The deceased is a B.Sc. (IT)

Graduate who was employed in a company. P.W.1 and P.W.2 have deposed

to the effect that the accused had approached them earlier to give their

daughter in marriage to him. He also threatened them with dire

consequences if their daughter is not given in marriage to him. The

evidence of P.W.1 and P.W.2 would show that the accused threatened to kill

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their daughter and also to commit suicide, if they do not agree for the

marriage of their daughter with the accused. It was on account of the

inappropriate approach by the accused, the parents of the deceased (P.W.1

and P.W.2) appears to have reported to the neighbours, who instigated the

landlord of the portion of building in which the accused was residing, to

vacate him. The fact that P.W.1 and P.W.2 have fixed the marriage of their

daughter, the deceased, with one Dinesh Kumar, who is working as a

Teacher in a reputed School, is not in dispute. This Court has no reason to

disbelieve the further statement that the betrothal function was also

performed about few days prior to the incident. P.W.1 has also spoken as an

eye-witness and had seen the accused with a blood-stained knife leaving the

scene of occurrence through the backdoor by jumping over the compound

wall of their house.

22.This Court noticed a delay of few hours in registering the

complaint in this case and sending the FIR to the jurisdictional Magistrate.

The trial Court has found that there was no suggestion put to the

Investigating Officer about the reason for the delay and that therefore, no

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prejudice was alleged because of the delay in sending the FIR to the

concerned Judicial Magistrate. The occurrence was on 14.09.2016 between

5.30 p.m. and 7 p.m. in the house bearing Door No.272/49, where the

deceased was residing along with her parents. The murder took place in this

premises and the time and date of death is not disputed. P.W.1 and P.W.2

found their daughter dead when they entered the house after visiting the

local medical practitioner, at 7.00 p.m. Therefore, the death of deceased

was reported to the Police only at 8.30 p.m. on 14.09.2016 and the

complaint under Ex.P1 was lodged. An FIR was registered and copy of the

same is marked as Ex.P11. This Court finds that no suggestion was put to

P.W.1 or P.W.2 about the probabilities for the delay in lodging the complaint

or sending the FIR to the jurisdictional Magistrate. Therefore, this Court is

also of the view that the delay in sending FIR in this case is immaterial and

does not affect the prosecution case.

23.The only question to be decided in this appeal is whether the

prosecution has proved the charges against the appellant beyond reasonable

doubt.

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24.From the entire evidence on record, the motive for the accused to

commit murder of the deceased is established. In this case, P.W.1 and P.W.2

have spoken about the accused leaving the scene of occurrence with the

murder weapon. This is a strong circumstance. The evidence of P.W.1 and

P.W.2 cannot be discarded in the absence of any other strong circumstance.

The evidence of P.W.1 to P.W.4 establishes strong motive for the accused.

P.W.1 has categorically stated in her evidence about the conversation with

the accused who had threatened her that the accused would murder the

deceased and kill himself if her parents (P.W.1 and P.W.2) did not agree for

the marriage of the accused with the deceased. The evidence of P.W.1 that

she saw the accused leaving the scene of occurrence with murder weapon is

probable having regard to the facts and the attending circumstances.

25.Learned counsel for the appellant submitted that the deceased and

the accused were in love with each other and that there is no reason why the

accused would kill his lady love. The learned counsel submitted that the

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deceased was not willing to marry the boy by name Dinesh Kumar and that

it is the case of honour killing by the parents of the deceased. This Court

finds no evidence to show that the deceased and the accused were in love

with each other and their love was mutual. There was no independent

evidence, love letters, or any evidence to show that the deceased was also in

love with the accused. The fact that the deceased was wearing the marriage

ring presented by her would-be by name Dinesh Kumar, is spoken to by

P.W.16, P.W.1 and P.W.2. Therefore, the case of the accused that the

deceased was killed by her parents is nothing but a story woven on behalf of

the accused without any basis to save him.

26.Learned counsel appearing for the appellant pointed out that the

distance between Annur and Palakkad is about 92 km and that the appellant

was admitted in the Hospital at Palakkad at about 8.00 p.m. on the date of

occurrence and that the murder was committed between 5.30 p.m. and 7.00

p.m. even as per the prosecution case and that therefore, the presence of the

appellant at the scene of occurrence at the time of occurrence, is impossible.

He also strongly submitted that the alibi pleaded by the appellant is

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established in this case. Quite surprisingly, the Doctor who gave treatment

to the accused is examined as P.W.10 and his evidence is specific that the

accused got himself admitted at 11.15 p.m. on the date of murder, for

consuming poison. The evidence of P.W.10 probabilises the fact that the

accused was admitted in the Hospital in Palakkad only at 11.15 p.m. on the

date of occurrence, and demolishes the alibi pleaded by the appellant. If

really the accused was in Kerala at the time of occurrence, the same could

have been proved by examining several witnesses or by producing material

evidence. However, the accused has chosen a plea of alibi by stating that he

was admitted in a Hospital in Palakkad at 8.00 p.m. and that therefore, the

presence of the accused in the scene of occurrence on the same date

between 5.30 p.m. and 7.00 p.m. is improbable. However, from the

evidence of P.W.10, this Court finds that the appellant has come forward

with a false story pleading alibi without any evidence to support his story.

27.Even though the learned counsel appearing for the appellant

submitted that there was no previous complaint either by P.W.1 or her

husband regarding criminal intimidation by appellant upon P.W.1 or

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members of her family, the evidence of P.W.1 and P.W.2 cannot be

discarded. It is not the case of P.W.1 or P.W.2 that they had earlier preferred

a criminal complaint when the accused posed a real threat to their daughter.

Further, the evidence of P.W.1 and P.W.2 about the inappropriate demands

of the accused and his threats are corroborated by examining other

witnesses who are P.W.3 and P.W.4.

28.The admitted portion of the confession statement of the accused

has led to the recovery of murder weapon which was hidden by the accused.

The murder weapon was sent for forensic analysis and the blood group

found in the murder weapon matches the blood group of the deceased. The

evidence of P.W.5 that the injuries can be caused by the murder weapon

which is marked as M.O.9 and the identity of the knife by P.W.1 are material

evidence against the accused. The report on the analysis of the blood found

in the murder weapon, which is marked as Ex.P23, and the group of blood

which are found in the clothes of the deceased, further probabilise the case

of the prosecution. The very fact that the accused had made an attempt to

commit suicide on 14.09.2016 and was admitted in a Hospital at Palakkad at

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11.15 p.m. shows that the occurrence on 14.09.2016 was something which

the accused had earlier informed P.W.1 and P.W.2. The fact that the accused

was under Intensive Care Unit for more than 3 days and that he was brought

to Coimbatore for further treatment justifies the requisition for getting dying

declaration. Even though the statement cannot be treated as dying

declaration, as the accused survived an attempt to commit suicide, the

circumstances are relevant to show the mental state of the accused to

connect the incident with the words uttered by the accused to P.W.1 on

hearing that the parents of the deceased are arranging marriage of their

daughter with another person who is economically well and is commanding

good reputation in the local.

29.The deceased was last seen with the accused. The prosecution has

established its case by pleading and by bringing forth strong and cogent

circumstantial evidence. Even though the onus to prove alibi is on the

accused, the plea of alibi has not been proved by him. The case of accused

about his alibi is proved to be false by examining P.W.10.

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30.Learned counsel appearing for the appellant then submitted that

the prosecution failed to examine the neighbours of the de facto

complainant and that, in the absence of proper investigation, the conviction

of the appellant based on circumstantial evidence, when the chain of

circumstances are not wholly connected, is perverse and that the trial Court

failed to consider several important facts. The learned counsel also

submitted that the prosecution failed to examine the would-be of the

deceased and the medical practitioner who gave treatment to P.W.2 on the

date of occurrence. The evidence of prosecution is that the marriage

between the deceased and the said Dinesh Kumar was arranged and that the

engagement function was also performed few days prior to the date of

occurrence. The fact that the deceased was engaged to the said Dinesh

Kumar, is not disputed by the accused. However, the defence case is that

the deceased did not agree to marry the said Dinesh Kumar. Therefore, the

examination of Dinesh Kumar to prove the engagement between Dinesh and

deceased is not necessary. When P.W.1 and P.W.2 were examined, not even

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a suggestion was put to P.W.1 disputing that P.W.1 and P.W.2 had gone to

see the medical practitioner (country medicine). Therefore, the appellant

cannot now find fault with the prosecution for not examining the country

medical practitioner who gave treatment to P.W.2. The prosecution is

required to examine all the witnesses whose evidence are relevant and

material to prove a fact. In this case, the contention of the appellant that the

prosecution failed to examine some of the persons, is not appealing to this

Court in the absence of any relevance of their examination, having regard to

the nature of evidence already let in by prosecution to prove the offence

against the appellant. In this case, as pointed out earlier, the motive is

established with cogent evidence. The only explanation offered by the

appellant for making attempt to his life is that he was in love with the

deceased and that on hearing the death of deceased, he made an attempt to

commit suicide. However, the appellant has not let in any evidence to prove

the said fact. On the contrary, the material evidence let in by prosecution

leads to the only conclusion that the accused is guilty of the offence of

committing murder of the deceased. The admissible portion of the

confession leading to the disclosure and recovery of murder weapon cannot

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be ignored. Therefore, this Court finds that the prosecution has succeeded

in proving its case by cogent evidence. The minor irregularities like delay

in sending the FIR to the Court and other discrepancies cannot be

considered as material, on which the accused can rely upon to prove his

innocence.

31.Learned counsel for the appellant, except making the submissions

which are dealt with in this judgment supra, has not pointed out any legal

issues based on which the findings of the trial Court can be described as

improper or unnatural or irregular. This Court finds no reason to interfere

with the judgment of the trial Court convicting and sentencing the appellant

for the offences under Sections 302, 449 and 309 IPC.

32.As a result, this Criminal Appeal is dismissed and the judgment

of conviction and sentence passed by the learned I Additional District and

Sessions Judge, Coimbatore, in S.C.No.169 of 2017, dated 19.09.2018, is

confirmed.

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33.The trial Court is directed to secure the appellant and commit him

to prison to undergo the remaining sentence. Bail bond, if any, executed by

the appellant, shall stand canceled.



                                                                           (S.S.S.R., J.)   (S.M., J.)
                     mkn                                                           05.01.2024

                     Internet : Yes
                     Index : Yes / No
                     Neutral Citation : Yes / No

                     To

1.The I Additional District and Sessions Judge, Coimbatore.

2.The Inspector of Police, Annur Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

S.S. SUNDAR, J.

and SUNDER MOHAN, J.

mkn

Judgment in

https://www.mhc.tn.gov.in/judis

 
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