Case Note & Summary
The appellant, Mani @ Manikantan, was convicted by the Mahila Court, Chennai, for the murder of Sangeetha, a 19-year-old college student, under Section 302 IPC, along with offenses under Section 294(b) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The prosecution case was that the accused, who resided in the same building, had been harassing the deceased with love proposals and threats. On 17.02.2012, when the deceased was returning from her part-time job, the accused pulled her hair, abused her, and stabbed her multiple times with a knife, leading to her death. The trial court sentenced him to life imprisonment and fines. The appellant challenged the conviction on the ground that the evidence was insufficient and the dying declaration was unreliable. The High Court, after examining the evidence, found that the dying declaration made by the deceased to her mother (PW1) and sister (PW2) immediately after the incident was credible and corroborated by medical evidence. The court also noted that the accused was last seen with the deceased and had a motive due to her rejection of his advances. The court held that the circumstantial evidence formed a complete chain pointing to the guilt of the accused. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Dying Declaration - Conviction under Section 302 IPC upheld where the deceased's dying declaration and consistent testimony of eyewitnesses established the accused's guilt beyond reasonable doubt - The court held that the dying declaration was voluntary, credible, and corroborated by medical evidence and other circumstances (Paras 2-10). B) Criminal Law - Harassment of Women - Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 - Accused convicted for harassing the deceased by proposing love and threatening her - The court held that the evidence of PW1 and PW2 proved the accused's persistent harassment (Paras 2-5). C) Criminal Law - Obscene Acts - Section 294(b) IPC - Accused convicted for using abusive language in public - The court held that the evidence of PW1 and PW2 established the accused's obscene behavior (Paras 2-5).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC and other charges based on circumstantial evidence and dying declaration is sustainable.
Final Decision
The appeal is dismissed. The judgment of conviction and sentence dated 20.09.2018 in S.C.No.254 of 2012 passed by the learned Mahila Court, Chennai, is confirmed.
Law Points
- Circumstantial evidence
- Dying declaration
- Last seen theory
- Motive
- Section 302 IPC
- Section 294(b) IPC
- Tamil Nadu Prohibition of Harassment of Women Act
- 1998
