K RAMACHANDRAN Vs. V N RAJAN

JUDGEMENT

(1.) By this appeal the appellant-accused challenges the revisional judgment of the High Court whereby the High Court has upset the Trial Courts judgment acquitting the appellant-accused and has directed reconsideration of the matter by the Trial Court. The High Court has further directed that such reconsideration would be only on the basis of evidence already recorded.

(2.) The appellant-accused K. Ramachandran was tried for the offence under Section 302 as also under Section 201 of the Indian Penal Code on the allegation that he, on 18.02.1995, committed murder of his wife Nalini alias Latha by hitting her with a wooden log on her head. The prosecutions case (supra) was that the marriage of the appellant-accused and the said Nalini took place in 1992 and right from the beginning their marital life was not smooth as the appellant-accused suspected her fidelity. After their marriage, appellant-accused used to live with his wife in a rented house at Avadi. It was the prosecutions story that neighbours used to hear wailing sounds of Nalini and she had also told PW-5, Belamurthy that her fidelity was suspected by the appellant-accused and on that account, the appellant-accused was not treating her properly. During the pregnancy, the appellant-accused refused to send Nalini to her parents house though he was pressurised by PW-5 to send her to the house of her father, PW-1. The appellant-accused went on to suggest that he was not the father of the child which Nalini was bearing and hence she was brought back by PW-1 to his house. Later the appellant-accused and his brother, Pandurangan took Nalini back to the appellant-accuseds house. When Nalini was at the advanced stage of pregnancy, PW-1 wanted to take her to his house but the appellant-accused did not permit that and said that he will take care of the confinement and wanted the child to be born in his house. However, ultimately, the appellant-accused relented on account of intervention of Belamurthy, PW-5.

(3.) Ultimately, a child was born in the house of her father. But the appellant-accused did not go to see the child. It was only when the child was seven months old that the appellant-accused and brother Pandurangam took Nalini and the child to their house. In the month of May in the year 1994 it is reported that the appellant- accused cut the Thali chain (ornament worn by a married lady) and threw her out of the house. One Krishnaveni, PW-4 had also seen the ill-treatment by the appellant-accused, of his wife. One Girija who was the household servant of the appellant-accused had also seen that. On 02.05.1994, Nalini was brought back by PWs 1 and 2 to their house and after about two months, the appellant-accused and his brother again came and took back her and they continued to live with each other for about 4-5 months. On 17.02.1995, when PWs 1 and 2 had gone to the house of appellant-accused on being called by Nalini on phone. Nalini told them that she was going to Vikravandi. On the next day, which was a Saturday, PWs 1 and 2 received the news of Nalinis death at 12:30 p.m. and went to Vikravandi. They saw the dead body of Nalini and the injury on her head, on back and all over the body. The matter was reported to the police. It was revealed during the investigation that on the night of 17.02.1995, when PW-7 was sleeping in the tea shop, the appellant-accused came to him and asked for the cot. He was then accompanied by Nalini and her daughter. However, on the next day in the morning at 7 a.m., PW-7 heard the news of death of Nalini while lighting stove. Strangely enough, the matter was reported by the appellant-accused himself who claimed in the FIR that Nalini went missing and ultimately died. On that, the police registered Crime No. 75/1995 under Section 174, Criminal Procedure Code. The police found out the body in the well which was brought out and post-mortem was conducted in Government hospital by Assistant Surgeon, Dr. Bhoomadhu, PW-19. As many as eight injuries were found on the dead body and it was found that Nalini had suffered a scull fracture.