Criminal Appeal No. – 986 of 2003
MADRAS HIGH COURT
Date of Judgement: 4th April 2007
Bench: Hon’ble M. Chockalingam J., Hon’ble P.R. Shivakumar J.
Relevant Acts/Sections:
- Section 396 IPC (Dacoity with murder)
- Section 391 IPC (Dacoity)
- Section 302 IPC (Punishment for Murder)
- Section 411 IPC (Dishonestly receiving stolen property)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
- Section 149 IPC (Every member of unlawful assembly guilty of offence committed in prosecution of common object)
- Section 449 IPC (House-trespass in order to commit offence punishable with death)
- Section 313 Cr.P.C. (Power to examine the accused)
Branch: Forensic Physics
Backstory
On 06th August 2001, at 09:00 A.M., Father was employed in a school and Daughter both left for school, Mother, was working in the Insurance Company, left for a job at 09:30 A.M. The Gopinath deceased son of (PW 1 and PW 12), was suffering from stomach pain, so he was in the home alone.
After the school evening hours, the Daughter came to the house. She found that door was locked from outside. She was having another key, and she opened the door and went inside. She found jewel box was broken, and her brother Gopinath (deceased) was in the pool of blood. She called her mother, and she returned home and found 30 Sovereigns of gold and Rs. 38,000/- was stolen.
They registered the case in the respondent police station by Sub-Inspector, in crime no. 525/2001 under Section 454, Section 380, and Section 302 IPC. On receipt of FIR Inspector of Police took up the investigation, visited the spot, and prepared Mahazar observation and drew rough sketch and photographs was taken. Conducted inquest of a dead body and prepared inquest report. They forwarded the Gopinath dead body to the hospital for post-mortem. After the arrest of A-1, the bloodstained shirt was recovered, and recovered two buttons from the crime scene and forwarded to Forensic Science Laboratory.
Postmortem Report
Doctor conducted the post-mortem of Gopinath dead body at Madurai Medical College Hospital, he has opined that the deceased has died of shock and hemorrhage because of external injury and internal injuries, 24-30 hours before post-mortem. The post-mortem certificate was issued.
Forensic Report
The Forensic Report results in three reports, Chemical Analyst’s Report, Serologist’s Report, and Physics Report. According to the Forensic Physics Report the buttons found in the place of the crime scene and the buttons found in a bloodstained shirt were found tallying and belongs to the same shirt.
Judgement
Accused Nazar, Periyasamy, Ravi, Linganathan, Vermurugan, Ashok Kumar, A-7 and A-8 found guilty under Section 396 read with Section 391 read with Section 34 IPC, sentenced to undergo life imprisonment with fine Rs. 2500/-.
Accused Nazar, Periyasamy, Ravi sentenced under Section 302 read with Section 149 IPC and A-7 and A-8 Section 449 IPC.
Accused, Periyasamy, Ravi, Linganathan, Vermurugan, Ashok Kumar, A-7 and A-8 sentenced under Section 411 IPC and are sentenced to undergo 3 years RI.