LexMOORTHY versus STATE OF TAMIL NADU
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
(2008] 16 S.C.R. 271 MOORTHY A v. STATE OF TAMIL NADU (Criminal Appeal No. 578 of 2001) NOVEMBER 19, 2008 B • y [DALVEER BHANDARI AND HARJIT SINGH BEDI, JJ.] ... Penal Code, 1860: s.304(Part I) - Appellant and other accused persons stabbed deceased resulting in his death - c Statement of appellant under s.313 Cr.P.C. that deceased attempted to murder him with knife and during course of struggle even he sustained injuries in self defence - Acquittal by Trial Court - Conviction by High Court under s.304(Part I) - lntetierence with - Held: Deceased received 20 incised injuries caused on various parts of his body in general and D ' on vital parts of his body in particular - Injuries on appellant 't were very minor and supetiicial in nature - Trial Court erred in acquitting accused by relying on testimony of witnesses - Case of false implication also not made out - lntetierence not called for - Code of Criminal Procedure, 1973 - s.313. E Code of Criminal Procedure, 1973: s.313 - Statement · recorded under - Importance of -~ Prosecution case was that there was dispute F between the accused persons and deceased and his mother PW-1, over a land property. PW-1, mother of deceased sustained a fracture accidentally and was under treatment in Government Hospital. At 4.45 P .M., the deceased visited his mother. While he was talking to his mother, accused 1 and 2 entered in the ward with knives. G ,._,,.._ ~ Accused 1 stabbed deceased on his stomach, resulting in a bleeding injury. Deceased tried to escape from that place but he tumbled and fell down. Accused 1 and 2 over-powered him and repeatedly attacked on his face 271 H 272 SUPREME COURT REPORTS [2008] 16 S.C.R. A and hands with knives. Accused 3 caught hold of deceased while juvenile accused caught hold of his legs by pressing them with their hands. Doctor after examining deceased declared him dead. ·B Appellant-Accused-2 in his statement under s.313 Cr.P.C. stated that the deceased attempted to murder him with a knife in 'Government hospital and during ·the · course of struggle between the deceased and the accused, even the accused sustainea injuries in self defence. The trial Court acquitted the appellant. Before C the High Court, the appellant contended that he cannot be convicted solely on the basis of stand taken by him when he was questioned under s.313 Cr.P.C. The High Court held that the appellant exceeded his right of private defence and convicted him under s.304 Part I IPC. Hence D the instant appeal. Dismissing the appeal, the Court HELD:1. It cannot be said that statement of an appellant-accused recorded under s.313 Cr.P.C. does not E deserve any value or utility if it .contains inculpatory admissions. The need of law for examining the accused with reference to incriminating circumstances appearing against him in prosecution evidence is not for observance of a ritual in a trial, nor is it a mere formality. F It has a salutary purpose. It enables the Court to be apprised of what the indicted person has to say about the circumstances pitted against him by the prosecution. The Court gets the advantage of knowing his version about those aspects· and it helps the Court to effectively G appreciate and evaluate the evidence in the case. If an accused admits any incriminating circumstance appearing in evidence against him there is no warrant that those admissions should altogether be ignored ,merely on. tile ground that such admissions 1 were· H advanced as a defence strategy. Therefore, the statement ' . . --- ' . -~· •) l • .,. II' MOORTHY v. STATE OF TAMIL NADU 273 of the appellant under s.313 Cr.P.C. cannot altogether be · A· ignored. [Paras 8 and 9] [280-A-F] State of U.P. v. Lakhmi (1S98) SCC 4 336, relied on. 2. The deceased had received 20 incised in1·uries B~ caus'ed on various parts of the body in general and on vital parts ofthe body in particular. On examination of the injuries on the accused, it is clearly borne out that those injuries were very minor and superficial in llature whereas twenty, incised injuries inflicted on the deceased were of·· very serious nature and character. The Sessions Court · C gravely erred in acquitting the accused on the face of the · testimony of the witnesses. There was no reason as to · why ordinarily PW1, mother of the deceased and PW2, nephew of the deceased would falsely implicate the·· accused and let off the real ass
Excerpt shown. Read the full judgment & AI analysis in Lexace.