ARUMUGAM Vs. STATE

JUDGEMENT

(1.) This appeal by way of special leave at the instance of the solitary accused arises out of the following facts:

(2.) Saroja was the second wife of PW2, the appellants father and, therefore, the step mother of the appellant. PW5 was the appellants step sister having been born out of the marriage of PW2 and the deceased whereas PW3 was the husband of PW5. All the persons aforementioned were residents of village Thuluvaspushpagiri and were agriculturists by profession. PW2 had lost his first wife, the mother of the appellant, about 22 years prior to the date of the incident, and one year after her death PW2 had married the deceased Saroja. It appears that Saroja was a lady of easy virtue and was involved with several persons in the village which had annoyed the appellant and he often asked her to behave in a dignified way. The deceased, however, told the appellant that it is not his business to interfere in her affairs as she was an independent person and entitled to live her life as she pleased. Sarojas affairs, however, continued to rankle the appellant.

(3.) At about 9 a.m. on 19th March 2000, PW5 and the deceased went to the field to perform their daily agricultural operations. At about 11 a.m. the appellant also arrived at that place and called out to the deceased to help him lift a bundle of firewood. The deceased walked towards the appellant and both of them went into the sugarcane field. A short while later the appellant alone returned and when questioned by PW5 told him that he had strangled and killed Saroja. The appellant also appeared before PW1 the Village Administrative Officer at 4 p.m. and made an extra judicial confession that he had murdered his step mother. The statement given by the appellant was reduced to writing (Ex.P-1) by PW1 and he also took the appellant to Santhavasal Police Station and handed him over along with the document Ex.P-1 to the Head Constable. A case was accordingly registered against the appellant under Section 302 of the IPC. The investigation was, however, taken over by PW15 the Inspector of Police, Arni Taluk, who was holding the additional charge of Santhavasal Police Station. PW15 reached the place of incident and recorded the statement of various witnesses and on the statement made by the appellant recovered the rope used for strangling the deceased. The dead body was also sent to the hospital for its post-mortem examination which was performed the next day at about 4 p.m. by PW10, the Civil Assistant Surgeon, attached to the Government Hospital, who found the following injury on the dead body: