NATRAJ CHINNAPPA NAIR versus STATE OF MAHARASHTRA

Citation: [2008] 10 S.C.R. 85 · Decided: 07-07-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

[2008] 10 S.C.R. 85 
,. 
NATRAJ CHINNAPPA NAIR 
A 
v. 
STATE OF MAHARASHTRA 
(Criminal Appeal No.1002 of 2008) 
JULY 7, 2008 
B 
-+ 
[DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.] · 
Penal Code, 1860 - s.302 - Accused brought by his 
mother to police station - He stated to SHO that he assaulted 
his wife in fit of anger and thereafter consumed poison - Con- c 
viction by Trial Court under s.302 on basis of circumstantial 
.. 
evidence - Affirmed by High Court - On appeal, held: PW3 
. 
who had dropped accused and his wife to their house in his 
rickshaw narrated about hurling of abuses by accused to his 
wife - She died as a result of incised injuries caused by a D 
chopper - Recovery of the chopper and a blouse at the in-
stance of accused conclusively established that accused re-
moved the blouse of his wife and thereafter assaulted her with 
' 
chopper - Evidence - Circumstantial evidence - Apprecia-
tion of 
E 
Appellant was brought to the police station by his 
mother in a taxi, who informed the SHO of the police sta-
tion that Appellant had consumed poison. The SHO made 
inquiry from Appellant who purportedly stated that he had 
assaulted his wife in a fit of anger and then himself con~ F 
sumed poison. He was sent to the hospital. Police offi-
cials went to the spot and found wife of the Appellant in 
an injured condition. She died on way to hospital. The 
charge sheet was filed under s.302 IPC. The Trial Court 
found that the case rested on circumstantial evidence and G 
the chain of circumstances was complete and, accord-
ingly convicted Appellant under Section 302 IPC and im-
... 
posed life imprisonment. High Court affirmed the con-
viction. Hence the present appeal. 
85 
H, 
86 
SUPREME COURT REPORTS 
[2008] 10 S.C.R. 
A 
Dismissing the appeal, the Court 
HELD: The circumstances highlighted by the Trial 
Court and the High Court to find the accuseduAppellant 
guilty are the evidence of PW3 who had dropped Appel-
lant and his wife to their house in his rickshaw and narrated 
8 
about hur\-i!19 of abuses by the Appellant to his wife. After 
the assault, he consumed poison and was taken to the po-
lice station by his mother and thereafter to the hospital where 
he was treated. by doctor. Appellant's wife died as a result of 
s.everal . inc!:;;ed injury on her body which were caused by a 
C 
chopper. Recoyery of the chopper and a blouse at the in-
stance of the accused are other circumstances which con-
clusively established thatthe Appellant was in the room and 
removed the blouse of his wife and thereafter assaulted her 
D 
with chopper. (Para 5] (88-o,E· & F] 
CRIMINALAPPELLATE JURISDICTION : Civil Appeal No. 
1002 of 2008 
From the final Judgment and Order dated 15.12.2005 of 
the High Court of Judicature at Bombay in Criminal Appeal No. 
E· 47 of 2005 
F 
.. Shankar Divate (A.C.) for the Appellant. 
Ravindra K. Ads·ure for the Respondent. 
The Judgment of the Court was delivered by 
Dr. ARIJIT PASAYAT, J. 1. Leave granted. 
2. Challenge in this appeal is to the judgment of a Division 
Bench of the Bombay High Court dismissing the appeal filed 
by the appellant questioning the correctness of the judgment of 
G a learned Additional Sessions Judge, Greater Mumbai in the 
SC Case No. 1098of1998. He was convicted for offence pun-
ishable under Section 302 of the Indian Penal Code, 1860 (in 
shortttie 'IPC} . 
'ti'·· 
.. 
3. Prosecution case in a nutshell is as follows : 
NATRAJ CHINNAPPA NAIR v. STATE OF 
87 
MAHARASHTRA [DR. ARIJIT PASAYAT, J] 
PSI Balwant Patil was working as a Station House Officer A 
in Tilak Nagar Police Station from 8 AM to 6 PM. At about 4.30 
p.m. one taxi halted in front of the police station. A lady named 
Tulsibai Chinnappa got down from the said taxi and came to 
the police station and informed the Station House officer Patil 
that her son Natraj has consumed Tik-20 Poison and he has s 
been brought in the taxi. The Station House Officer rushed to-
wards the taxi. He is alleged to have made inquiry form the 
person who was said to have consumed Tik 20 poison. The 
said person purportedly stated before him that he assaulted 
his wife in a hit of anger and he himself consumed the Tik 20 C 
poison. Nivas Ayyer and Prakash Muthkar were the other two 
persons sitting in the taxi. The person who was said to have 
consumed the Tik 20 poison became restless and serious ;:ind 
thus he was sent to Rajawadi Hospital with P.C. No. 5437. PSI 
Pail along with Pl Shirole went to the spot Panchsheel

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