Paramsivam & Ors vs State Tr. Insp. Of Police

Criminal Appeal no- 593 of 2010

Supreme Court of India

BENCH: Hon’ble Mr Dipak Mishra, Hon’ble Mr Sudhansu Jyoti Mukhopadhaya

DATE OF JUDGEMENT: 1^st July 2014

RELEVANT SECTIONS:

• Section 302 IPC (Punishment for murder)
• Section 364 IPC (kidnapping or abducting to murder)

BACK STORY

The victim Mani had bought land in Vadapudur village and the accused was the new neighbour. When the victim started construction work on the land than Paramasivam and Nagarathinam objected it. To this objection, the victim filed a DMC complaint against them to prevent their interference, which created tension between the accused and the victim’s family.

Ten days before the commandment of crime Paramasivam, Nagarathinam along with Revathi threatened the victim. Later on 18^th Jan 2004, Selvaraj along with some went came to the victim to buy some stones and accompanied him to the quarry. From there he was taken to a Maruti van (reg. No- TN-23E5951) where he meets Paramasivam. he was seen there by PW1, 2 and. Next day on 19^th Jan 2004 a mutilated dead body was found on the railway tracks by Pugazhenth, who reported the police.

The body was sent for autopsy to the government hospital, Thirupur. When Mani’s family couldn’t find him, they launched a complaint on 20^th Jan 2004. on the investigation, Selvaraj confessed voluntarily which lead to the arrest of other accused on 28^th Jan 2004 and the deceased belonging were recovered from their possession. The blood sample of Mani’s mother and brother was sent to FSL for DNA profiling and identification of the body. 

FORENSIC REPORT

The autopsy was conducted by Dr Parimala Devi, n her report she stated that the death was caused due to multiple injuries on the neck and head at the death time was estimated to be around 70 to 80 hrs ago. The bone and blood were used for DNA profiling of the deceased after being exhumed at the FSL. The report presented by Vanaja showed that the DNA matched with that of Mani and he was identified.

JUDGEMENT

Accused 1, 2 and 3 had finally abducted the deceased after which he was found dead, so they are held guilty under section 302 and 364 of IPC and were punished with Life imprisonment.