Madras HC Upholds Life Term in VAO Murder, Flags Flaw in Medical Records
The Madurai Bench of the Madras High Court has upheld the life sentences awarded to two convicts in the 2023 murder of a Village Administrative Officer (VAO) in Thoothukudi district, while issuing directions to the State government to ensure accuracy in medico-legal records.
A Division Bench of Justices N. Anand Venkatesh and K.K. Ramakrishnan observed that in several criminal cases, doctors merely mention '108' (ambulance service) in the column 'Kondu Vandhavar' (person who brought the injured/deceased to the hospital) in Accident Registers. The court noted that defence counsel often exploit such ambiguous entries to cast doubt on the presence and credibility of prosecution witnesses.
The court emphasised that it is the duty of medical officers, in accordance with medical ethics and proper medico-legal practice, to correctly record the name and particulars of the person who actually accompanied or brought the injured or deceased to the hospital. Such ambiguous entries have repeatedly led to avoidable controversies during trials and created unnecessary doubts regarding the credibility of eyewitnesses and other material witnesses.
The court directed the Health Secretary and the Director of Medical Education and Research to circulate suitable instructions to all government medical officers and hospitals dealing with medico-legal cases.
The court was hearing the criminal appeal filed by Ramasubramanian alias Ramasubbu and Marimuthu. In 2023, the Principal Sessions Court in Thoothukudi sentenced the appellants to life imprisonment for the murder of VAO Y. Lourdhu Francis.
Upholding the trial court verdict, the judges noted that documentary evidence demonstrated the VAO had been taking action to prevent illegal sand mining. Prior to the murder, he had intercepted the accused on two occasions when they were illegally transporting sand and lodged complaints against them. The prosecution had established a strong motive for the offence, the court said.
The court also appreciated the prompt and efficient efforts of the investigating agency, the prosecution, and the trial court judge in ensuring completion of the entire criminal proceedings within five months. It directed the Chief Secretary to hold constructive deliberations with the Director General of Police and the Prosecution Department and issue a circular prescribing a structured timeline to facilitate prompt investigation and expeditious trial in similar cases.
