PONUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23rd June, 2005 passed by a Division Bench of the High Court of Judicature at Madras in Criminal Appeal No. 937 of 1998 whereby and whereunder an appeal from a judgment of conviction and sentence passed by the Ist Additional District Judge-cum-Chief Judicial Magistrate, Erode dated 12th October, 1998 in S.C. No. 93 of 1998 convicting the appellant herein for commission of an offence under Section 302 of the Indian Penal Code as also under Section 201 thereof and sentencing him to undergo rigorous imprisonment for life and two years respectively, was dismissed.

(2.) Deceased Selvi was the wife of the appellant. She was earlier married to one Easwaran, PW-9. Allegedly Easwaran had married one Balamani and after divorcing her, he married the deceased. He, however, continued to have relations with Balamani. He purported to have divorced Balamani by a letter. The deceased was living with her mother Ramathal, PW-1. Appellant thereafter married the deceased. He had been informed, about the fact of the earlier marriage of the deceased. He agreed to the proposal of marriage but wanted two acres of land. A Deed of Gift in favour of the deceased was executed by her father. Appellant wanted the same to be registered in his name. His request was not acceded to. He left the house of PW-1 after three days of marriage. A year thereafter, he intended to live with the deceased and approached Thangavel, PW-2, therefor. As the deceased also agreed to the said proposal, they left the house of PW-1 on 5th March, 1997. She was not seen thereafter. Allegedly in the morning of 10th March, 1997, the appellant met PW-2 and informed him that the deceased had gone away from his house on that date. A search for her was carried out. On the next date, the appellant was seen at the Sevoor bus stop. Kannan Naicker, PW-10 was also present there. He asked the appellant and questioned the deceased's whereabouts, in response whereto he allegedly disclosed that he had murdered her on 9th March, 1997. PW-10 allegedly became panicky. He became sick. He then requested Arunachalam @ Mani, PW-11, to take him to a doctor. When they returned from the doctor's clinic, they found the appellant in the office of the Village Administrative Officer, PW-18. He purported to have made a confession again before PW-18 that he had murdered Selvi before PW-18. He also had a packer of paper in his hand.

(3.) PW-10 then requested PW-11 to inform PW-2 about the matter. On receiving the said information an attempt was made to lodge a First Information Report at Sathyamangalam police station. The First Information Report was refused to be registered thereat in the absence of any dead body or any other evidence with regard to the murder. A search was conducted for the dead body. On the bank of L.B.P. canal dead body was found on 14th March, 1997 which fell within the jurisdiction of Kadathur police station. A complaint was made before Ramasamy, Inspector of Police, PW-13, at 10.30 a.m. on the same day, whereupon a First Information Report was registered under Section 302 and Section 201 of the Indian Penal Code. Investigation was taken up by PW-22, the Deputy Superintendent of Police of Gobichettipalayam.