Cr. Appeal No. 596 of 2000, 592 of 2000.
MADRAS HIGH COURT
Bench: Hon’ble S SHussain J., Hon’ble A.S. Venkatachalamoorthy J.
Date of judgment: 29th July 2003
Relevant Acts/Sections:
- Section 34 of IPC (Acts done by several persons in furtherance)
- Section 302 of IPC (Punishment for murder)
- Section 364 of IPC (Kidnapping or abducting in order to murder.)
- Section 379 of IPC (Punishment for theft.)
- Section 313 of CrPC(Power to examine the accused.)
Backstory
Deceased – Balasubramaniam @ Balu
PW-1 – Manickam
PW-2 – The wife of the deceased
PW-3 – Shanmugam
PW-4 – Ponnusamy.
PW-19 – Sub Inspector of Police (East Crimes), Erode Town Police Station
PW-20 – Inspector of Police in Erode Town Police Station
PW-13 – Doctor attached to the Government Hospital, Sathyamangalam
A-1 – Ranganathan
A-2 – Ranjan
In this case, Manickam has two sons, the first one is deceased Balasubramaniam @ Balu and the second one is Mohan. PW-1 resides at Salem, and the deceased was residing at Erode with his wife PW-2, who was in the advanced stage of pregnancy at the relevant time. Ambassador Car bearing Registration No TMR-1455 was driven by deceased Balasubramaniam and he used to park the vehicle in the taxi stand near Pannerselvam Park, Erode.
According to PW-2, the latter took his lunch on 28.7.1991 and left for the taxi stand at 5 P.M., saying that he would come back shortly, but the deceased did not turn up. PW-2 requested one Murugesan, a taxi driver, who resides near her house, to inform about this to her father-in-law at Salem.
PW-1, the father-in-law at Salem was informed by Murugesan. PW-1 went to the taxi stand and got information about him that on the previous Sunday at about 7.30 P.M., A-1 and others came and took the deceased in his car forcibly. PW-1 then gave a complaint before the Erode Town Police Station to the effect that A.1 and 5 others had forcibly taken the deceased with them and that he suspects some foul play and requested for further action. The said complaint was given on 1.8.1991 to the Erode Town Police Station, at about 10.30 P.M.
At about 4.30 A.M. on 2.8.1991, the Inspector arrested A-1 Ranganathan at Erode Bus-stand. A-1 gave a voluntary confession statement. A-1 took the police party and the witnesses to a place south of Bhavani Sagar Dam and at Zero Point; he identified the body of the deceased. Inquest over the body of the deceased was held between 9 A.M. and 12 Noon. The body was in a decomposed state so, the Inspector sent a requisition to the Doctor at the Government Hospital, Sathyamangalam, to conduct post mortem. FIR was prepared. From the body of the deceased partly burnt shirt; baniyan, jatti, pant, waist-cord, and a ring were seized in the presence of witnesses. A-1 then took the police party and witnesses to the garden of one Ponnusami at Achipatti in Pollachi Taluk and showed Car. The car was seized under a mahazar.
PW-13 is the Doctor attached to the Government Hospital, Sathyamangalam conducted the postmortem. Since the body of the deceased was in a decomposed state, the Doctor could not give the identification marks of the deceased. At about 11 P.M., the Inspector arrested A-2 and others near Muthukumar Theater and each of them gave separate confession statements.
Postmortem Findings
The body of the deceased was in a decomposed state, the Doctor could not give the identification marks of the deceased. The Post-mortem concluded at 5 p.m. on 2.8.1991.
In the said certificate, the Doctor had noted as under:
“Appearances found at the post-mortem:
Clothes were absent. The body lies on the back. Cold in temperature. Right upper limb: Only remnants of muscles and the covering skin were present over the posterior surface of the right upper limb, exposing the humerus, radius, and ulna. The hand is absent. Left upper limb: The hand is missing. The left upper limb is covered with muscles and skin partially on the posterior surface. Head – Scalp is absent. Only skull and lower jaw are present. Teeth 8/ (Torn). Lower jaw: Right The central and lateral incisors are missing. Left side (Torned) Central incisor is missing. Eyes, ears, nose, and lips are absent. (Torn) The posterior 1/3 of the tongue is present. Thorax: The (Torned) half portion is present in each of the upper eight (Torned) ribs; The posterior 3/4 portion is present in each of the (Torned) of the ribs. The last two pairs are present (Torn). The heart and both lungs and all the viscera of the (Torned) are absent. The generative organs are absent. Abdomen: No viscera is seen. The anterior abdominal wall is absent. Back:- Skin and muscles of the left half are present. Vertebral column. All bones are present. Brain – liquified; weight 100 gMs. The dura-matter is present. Right lower limb:- femur, tibia, and fibula and calcaneum are present. All other structures are absent. Left lower limb: – femur, tibia fibula, calcaneum, and navicular bones are present. All other structures are absent. The whole pelvis is present. The hyoid bone was found fractured on the left half and the larynx and trachea are absent.
The following bones are preserved for bone analysis
- Left femur, left tibia, and left fibula.
- Right Hummers, Right radius, and Right Ulna
- Skull and lower jaw with teeth
- Pelvis whole
- Hyoid bone
The Doctor had opined therein that the deceased would have died about 4 to 5 days before autopsy and reserved his opinion pending report of bone analysis.
These bones were sent to the Forensic Sciences Department along with a requisition to conduct necessary superimposition test. A photograph of the deceased was also sent. Scientific Officer in the Physics Division of the Forensic Sciences Department gave numbers for each of the bones and No. 7 was assigned to the skull. He has opined that the skull viz., Item No. 7 should be that of the person found in the photograph.
Judgment
All evidence was against the accused. So, A-1 was a conviction and sentence imposed by a trial court on A-1 was confirmed. The conviction and sentence imposed on A-2 by the trial court were set aside and he was acquitted of all the charges. A-2 was set at liberty forthwith unless he was required in connection with any other case.