- (1.)Referred trial (R.T.) No.1 of 2021 is a reference made by the IV Additional Judge, City Civil Court, Chennai (for brevity the trial Court) under Sec. 366 Cr.P.C., for confirmation of the death sentence awarded to the accused in S.C.No.291 of 2013 vide judgment and order dtd. 3/3/2021. Crl.A.No.131 of 2021 is an appeal under Sec. 374(2) Cr.P.C. filed by the accused challenging his conviction and sentence in the aforesaid Sessions Case.
(2.)The prosecution story runs thus:
2.1. The accused Kannan, M.Sc., M.B.A., Ph.D., aged around 41 years at the time of the incident, was a Professor in the M.B.A. Department of R.M.K. Engineering College in Gummidipoondi. He is a native of Salem District and is the son of Veeri Chettiar (P.W.8). Sometime in 1998, he got married to Mohanambal, who is the deceased in this case. Mohanambal also hailed from Salem District and she was a homemaker. Kannan and Mohanambal were blessed with a daughter, Pooja (P.W.6), who was around 13 years at the time of the incident. Kannan was living with Mohanambal and Pooja (P.W.6) in 18/45D, I Floor, Senthoor Apartments, VI Avenue, Anna Nagar, Chennai 40. Kannan was going to R.M.K. Engineering College in Gummidipoondi from there. Kannans parents were living in their native village in Salem District. This is all about Kannans family.

2.2. On 16/12/2012, Kannan took Mohanambal and Pooja (P.W.6) for shopping to T.Nagar from where they had been to the Marina Beach and they returned home after dusk. While they were entering into their apartment around 8.45 p.m., Sudharsan (P.W.14), a resident in the same apartments, saw Mohanambal and casually picked up a conversation with her and at that time, Mohanambal told him that they were returning from the Marina Beach. Thereafter, Kannans family went into their flat.

2.3. One Rajagopal (P.W.2), aged around 50 years, was a family friend of Kannan and was residing in the second floor of No.257, MIG, II Main Road, Mogappair. Gajavardan (not examined) and his son-in-law Arun Kumar (P.W.1) were tenants under Rajagopal (P.W.2) in the first floor portion of the same house. The house of Rajagopal (P.W.2) should be around 4 - 5 kms. from Kannans house.

2.4. Post midnight of 16/12/2012, Rajagopal (P.W.2) received a phone call from Kannan who told him that he had committed a mistake and requested him (P.W.2) to come to his flat. When Rajagopal (P.W.2) further enquired, Kannan told him that he has murdered his wife Mohanambal; he is going to surrender to the police and requested Rajagopal (P.W.2) to come and take Pooja (P.W.6) to his house. On hearing this information, Rajagopal (P.W.2) became panicky and hence, he approached Gajavardan and Arun Kumar (P.W.1) to accompany him to Kannans house.

2.5. Accordingly, Arun Kumar (P.W.1), Rajagopal (P.W.2) and Gajavardan went by Gajavardans car to the house of Kannan. En route, Arun Kumar (P.W.1) called 100 - Police Control Room and shared the information. On seeing the car entering the apartments, Kannan signalled them to come up to his flat. Rajagopal (P.W.2) and Gajavardan remained in the ground floor itself and Arun Kumar (P.W.1) alone went to Kannans flat.

2.6. When enquired, Kannan told Arun Kumar (P.W.1) as under in Tamil:

Since marriage, my wife has been quarrelling with me frequently since she hails from an affluent family and I hail from a poor family background. She used to speak ill about my family. She would say that, had she got married to someone else, she would have been happier. Today, we went to T.Nagar and beach and returned home. Again, she picked up a quarrel and spoke humiliating words about my family. The quarrel continued till 2.00 a.m. and in the course of the quarrel, she pushed me. So, I beat her and in return, she scratched my cheeks, which act further infuriated me. So, I took a small grinding mortar and hit her on her head. When she fell down, I trampled her two legs firmly with my legs and slit her neck.

(Free English translation from the complaint (Ex.P.1)

2.7. Thereafter, Kannan asked Arun Kumar (P.W.1) to hand over Pooja (P.W.6) to Rajagopal (P.W.2). Arun Kumar (P.W.1) saw the body of Mohanambal lying partly on the cot with her face smashed. While so, Arun Kumar (P.W.1) heard a noise from the adjoining bedroom and when he opened it, he saw Pooja (P.W.6) crying there.

2.8. In the meanwhile, the patrol police came to Kannans flat and together, they all went V.5 Thirumangalam Police Station, where, Arun Kumar (P.W.1) gave a written complaint (Ex.P.1), based on which, Sivakumar (P.W.23) (for brevity the I.O.), Inspector of Police, V.5, Thirumangalam Police Station, registered a case in Cr.No.3111 of 2012 on 16/17/12/2012 at 4.00 a.m. against Kannan under Sec. 302 IPC and prepared the printed FIR (Ex.P.17).

2.9. The I.O. (P.W.23) placed Kannan under arrest at 4.30 a.m. and recorded his confession statement. Kannan stated that if he is taken to his flat, he would produce the grinding mortar and the knife and this admissible portion of his confession statement was marked as Ex.P.21.

2.10. The I.O. (P.W.23) went to the place of occurrence and prepared an observation mahazar (Ex.P.7) in the presence of witnesses, Sudharsan (P.W.14) and Vijayakumar (P.W.10). In the presence of the same witnesses, the I.O. (P.W.23) seized the following items under the cover of a mahazar (Ex.P.8):

i. A bloodstained small grinding mortar (M.O.4)

ii. A bloodstained broken knife and handle (2 items marked as M.O.5 series)

iii. A bloodstained blue colour pen knife (M.O.6)

iv. A bloodstained blue and white checked lungi (M.O.7)

v. A bloodstained brown colour t-shirt with full sleeves (M.O.8)

vi. White colour Samsung cell phone (not marked)

vii. Maroon colour LG cell phone (not marked)

2.11. From the place of occurrence, the I.O. (P.W.23) collected blood in gauze cloth pieces from the floor and other places and submitted the same to the Magistrate in Form 95 (Ex.P.19).

2.12. The I.O. (P.W.23) also prepared a rough sketch (Ex.P.18) and called the police photographer Ganesan (P.W.11) to photograph the place of occurrence and the photographs were marked as M.O.1 series and M.O.2 and the compact disc containing the photographs was marked as M.O.3.

2.13. At the request of the I.O. (P.W.23), Ramajayam (P.W.12), finger print expert, came to the place of occurrence, but, according to him, he was not able to lift any finger print.

2.14.. The I.O. (P.W.23) conducted inquest over the body of Mohanambal from 6.45 a.m to 8.00 a.m. and prepared the inquest report which was marked as Ex.P.20. He despatched the body of Mohanambal to Kilpauk Medical College and Hospital for postmortem where Dr. R. Selvakumar (P.W.15) performed autopsy on the body of Mohanambal and issued the postmortem certificate (Ex.P.9). In his evidence as well in the postmortem certificate (Ex.P.9), he has noted the following injuries:

INJURIES:

1. Face crushed and lacertaed over centre of forehead, upper part of nose and inner aspect of upper part of both eyes over an area of size 7 cm x 6 cm x bone deep.

- Marginal abrasion seen over both sides of nose and centre of nose over an area of size 3 x 2 cm with intervening normal skin in some areas.

- Depressed fracture of both frontal bones and nasal bones seen with surrounding soft tissue bruising.

- Subconjunctival hemorrhage seen in both eyes.

On dissection of head:

- Bluish black scalp contusion measuring 12 x 4 x 0.5 cm. over both fronto parietal region.

- Bluish black scalp contusion measuring 8 x 6 x 0.5 cm over right parieto temporal region.

- Diffuse sub-dural and sub-arachnoid hemorrhage seen all over brain surface.

- Linear fracture 5 cm long seen in the anterior cranial fossa on the right side.

2. Laceration measuring 1 x 0.5 x 0.5 cm seen over left upper lip close to the midline.

3. Laceration measuring 0.5 x 0.3 x 0.3 cm over right upper lip close to the midline on dissection the underlying tissues found bruised.

4. Two liner abrasions measuring 1.2 x 0.3 and 1.0 and 0.3 cm over left cheek.

5. Incised wound measuring 1.5 x 0.5 x 0.3 cm. over palmar aspect of lower 1/3rd of left to little finger with beveling of skin upwards.

6. Incised wound measuring 1.5 x 0.5 x 0.3 cm over palmar aspect lower 1/3rd of right ring finger

7. Superficial scratch abrasion measuring 6.5 cm long horizontally placed seen over upper part of front of neck.

8. Oblique incised wound measuring 6 x 1.5 x 2.5 cm. seen over front of middle of neck below the thyroid cartilage. The lower border of the incised wound lies 4.5 cm above the supra sternal notch; the upper border lies 8 cm below the chin. The wound extends to the right side 1.5 cm from the midline to 4 cm to the left to midline.

On dissection: The superficial neck muscles, strap muscles of the neck, cricoid cartilage, superficial veins of front and left side of neck, inner end of left sternomastoid muscle found cut below the injury. The carotid artery found severed on the left side. Extravasation of blood seen in the surrounding soft tissue.

On dissection of thorax:

Heart: Normal in size, c/s Chambers empty

Valves: NAD, Coronaries; Patent, great vessels: NAD

Both lungs: Normal in size, C/S: Pale

On dissection of abdomen:

Stomach: Empty with bloodstain seen. No specific smell, mucosa: Normal, Intestines: distended with gas, Liver, spleen and both kidneys: Normal in size, c/s: Pale. Bladder: empty. Uterus: Normal in size c/s empty, Genitalia: NAD, Pelvis and spinal column: intact. Viscera sent for chemical analysis.

2.15. The samples of the visceral organs of Mohanambal were sent to the Forensic Sciences Department for examination and the viscera report (Ex.P.12) states that poison was not detected in any of them. Dr. Selvakumar (P.W.15) gave his opinion as under:

Opinion as to cause of death:-

(b) The deceased would appear to have died of shock and hemorrhage due to head and neck injuries.

2.16. The bloodstained apparel of Mohanambal, viz., her nightie, brassiere and panty, were collected from Kilpauk Medical College and Hospital after postmortem, for the purpose of investigation.

2.17. The I.O. (P.W.23) sent Kannan to Kilpauk Medical College and Hospital for treatment for the injuries that were found on him. Dr. Ezhilarasi (P.W.17) examined Kannan on 17/12/2012 at 02.10 p.m. and noted the following in the accident register, copy of which was marked as Ex.P.10:

Brought by police with memo for treatment. Alleged H/O assault by one known female bitten with teeth @ 2.30 a.m. on 17/12/2012 @ the above address O/E Patient conscious, oriented PR - 88/minute BP - 120/80. RS/CVS NAD. L/E laceration 1 cm x 0.5 x 0.5 cm. Left index finger palmer aspect, punctured wound. Right dorsum of index finger. Multiple superficial abrasion right paranasal left paranasal right shoulder.

Adv. Inj. TT 0.5 cm. IM

Duty Assistant Surgeon opinion

2.18. After medical examination, Kannan was produced before the XIII Metropolitan Magistrate, Chennai at 3.50 p.m. on 17/12/2012 itself and was remanded in judicial custody. After remand, Kannan complained of chest pain and so, he was once again taken to Kilpauk Medical College and Hospital where Dr.Ezhilarasi (P.W.17) examined him at 5.00 p.m. on 17/12/2012 and advised taking of ECG vide A.R. copy (Ex.P.11). After medical treatment, he was sent to prison and later, released on bail.

2.19. Form 95 (Ex.P.19) containing the list of items that were seized under the cover of mahazar (Ex.P.8) from Kannans flat, was submitted to the XIII Metropolitan Magistrate along with the remand application. In Form 95 (Ex.P.19), the Magistrate affixed his initial, date and time as 17/12/2012, 3.50 p.m. At the request of the I.O. (P.W.23), the XIII Metropolitan Magistrate sent the seized items to the Forensic Sciences Department for various examinations.

2.20. Human blood was detected in all the 13 items that were examined by Dr. Radhika Balachandran (P.W.19) vide biological report (Ex.P.13) qua bloodstained articles. Serological examination was conducted by Vimali Thyagarajan (P.W.22), Assistant Director, Tamil Nadu Forensic Sciences Department, who, in her evidence, as well in her report (Ex.P.15), has stated that human blood of group A was detected in the following items:

JUDGEMENT_163_LAWS(MAD)8_2021_1.jpg

2.21. The finger nail clippings of Mohanambal were examined by Vimali Thyagarajan (P.W.22) and her report (Ex.P.16) qua nail clippings states that blood found in that belongs to group A.

2.22. The I.O. (P.W.23) examined several witnesses, collected the various reports from the experts, completed the investigation and filed a final report in P.R.C. No.67 of 2013 before the X Metropolitan Magistrate Court, Egmore, Chennai under Sec. 302 IPC against Kannan.

2.23. On appearance of Kannan, the provisions of Sec. 207 Cr.P.C. were complied with and the case was committed to the Court of Session, Chennai in S.C. No.291 of 2013 and was made over to the IV Additional Judge, City Civil Court, Chennai, for trial.

2.24. The trial Court framed a charge under Sec. 302 IPC against Kannan and when questioned, he pleaded not guilty.

2.25. To prove the case, the prosecution examined 23 witnesses and marked 21 exhibits and 8 material objects.

2.26. When Kannan was questioned under Sec. 313 Cr.P.C. on 18/8/2015 on the incriminating circumstances appearing against him, he denied the same, but, gave the following explanation:

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Free English Translation

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2.27. Thereafter, the trial Judge observed that Kannan was not examined under Sec. 313 Cr.P.C. qua the evidence of Pooja (P.W.6) and therefore, he was questioned by the trial Judge under Sec. 313 Cr.P.C. on 24/2/2021 on the evidence of Pooja (P.W.6). He accepted the evidence of Pooja (P.W.6) and finally stated as under:

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Free English Translation

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2.28. From the side of the defence, two witnesses were examined and five exhibits were marked.

2.29. After hearing both sides and considering the evidence on record, the trial Court, vide judgment and order dtd. 3/3/2021 in S.C. No.291 of 2013, has convicted Kannan of the offence under Sec. 302 IPC and imposed death sentence on him.

2.30. Since death sentence has been imposed on Kannan, the case in R.T. No.1 of 2021 has been sent up to us under Sec. 366 Cr.P.C. for confirmation of the death sentence. Challenging his conviction and sentence, Kannan has filed Crl.A.No.131 of 2021.

(3.)We heard Mr. M. Babu Muthu Meeran, learned Additional Public Prosecutor appearing for the State and Mr. K. Doraisami, learned Senior Counsel representing M/s. Muthumani Doraisami, learned counsel on record for Kannan, the accused in this case.