RANGANAYAKI Vs. STATE

JUDGEMENT

(1.) Appellant who faced trial along with one Selvam was convicted for the offence punishable under Section 302 read with Section 109 of the Indian Penal Code, 1860 (in short the IPC) and sentenced to imprisonment for life. The first accused Selvam was convicted under Section 302, IPC. The trial Court convicted first accused for having committed murder of Natarajan (hereinafter referred to as the deceased) on the instigation of A-2 the present appellant.

(2.) The prosecution version as unfolded during trial is as follows : On 12-10-1989, at about 5.00 p.m., when the first accused came to the house of the deceased and called the deceased. Gopi (PW-4) replied that the deceased had not returned from the days work. Therefore, the first accused went away. The deceased returned home at about 6.00 p.m. At about 7.30 p.m. after taking food, the deceased was talking with his third wife, Neela and PW-4. At about 8.00 p.m. the first accused came again and requested the deceased to come out and when the deceased came out of the house, the first accused told him that he was having brandy and invited him for drinking brandy. He also showed a brandy bottle. Therefore, the deceased and the first accused went towards the backyard. While the deceased collected haystick and dropped them in the cattle shed, the first accused poured brandy in a glass of water and also mixed some white material which looked like camphor. After the deceased returned from the cattle shed, at the request of the first accused, the deceased consumed the brandy. The first accused also gave the deceased a plantain, which was taken by the deceased. Immediately thereafter, telling that he was feeling giddy, deceased fell down and fainted. PW-4 and Neela poured water on the face of the deceased. Since he did not get up, they cried. On hearing their cries, Padavattan and Ravi (PWs 2 and 3) went there. PW-4 and Neela informed PWs 2 and 3 that the first accused gave brandy to the deceased and immediately the deceased swooned. PW-2 advised them to take the deceased to the doctor. A country medical practitioner was brought, who after examining the pulse directed them to shift the deceased to the hospital. When the deceased was taken to the hospital, he was declared dead and the body was taken back home.

(3.) It is to be noted that appellant (A-2) was the first wife of the deceased. After some years she left him and stayed with somebody else. The deceased married for the second time. But Shanti to whom he was married died. Deceased married again and the wifes name was Neela. After this marriage, the accused came back with Gopi (PW 4) and stayed with the deceased. But she went away many times and was living with other men. It is prosecution version that at the relevant time she was staying with Selvam (A-1).