MUTHU Vs. STATE

JUDGEMENT

(1.) The appellant who hereinafter will be referred to as the first accused (A1) for the sake of convenience, was tried before the learned Sessions Judge, Chengleput, in Sessions Case No. 99/1990 on a charge of murder with an allegation that at 10.00 p.m. on 19-1-1989, he caused the death of his wife Devi alias Deivanayaki by smothering her. The other accused, who was tried along with A1 in the said Sessions Case, was acquitted by the learned Sessions Judge and in this Judgment he will be referred to as the second accused (A2) for the sake of convenience. The learned Sessions Judge convicted A1 and sentenced him to imprisonment for life. Hence, the present appeal.

(2.) Facts necessary to dispose of the appeal can be briefly summarised as follows: The deceased is the daughter of P.W. 7 and the second wife of A1. A1 married the deceased by misrepresenting to the mother of the deceased that he is a widower. The marriage was solemnissed at the office of the Registrar of Marriages on 16-9-1988. The deceased on account of the wedlock conceived. Some time prior to Deepavali, A1 left the house of PW-7 where the deceased and A1 were residing, by stating that he is leaving for his village. He promised to come back, but, he did not return. The deceased left her mother's house in search of her husband, A1 in the case, and at that time she was wearing a blouse, MO-2, a saree, MO-3, and a nose screw, M.O. 13. She was seen thereafter by PW-4 whom, she asked the route to reach Sirukaranai, the village of A1. PW-4 gave her the directions and thereafter, the deceased took a cycle from a cycle-shop and went towards Sirukaranai. PW-3 a resident of Sirukaranai, had seen the deceased and A1 going together towards a casuarina 'thope' and at that time, the deceased was seen wearing a blouse MO-2 and a saree with the design of red flowers, MO-3. Thereafter the deceased was not seen alive.

(3.) On 21-1-1989, PW-2 the owner of the casuarina 'thope' saw a dead body of a woman and informed the said fact to PW-1 the Village Administrative Officer of Parukkal Village at 9.30 a.m. who on the basis of the information furnished to him by PW-2 went to the place and found the dead body of a woman. He found a blouse, MO-2, and a saree MO-3 on the dead body. It had no jewels. MO-4 series, slippers were also seen nearby. He also noticed broken bangles, MO-6 series. The two legs were seen tied with a rope, MO-7. PW-1 left the Talayari near the dead body and thereafter left for the police station at Acharappakkam. At Acha-rappakkam Police Station, he gave a complaint, Ex. PW-1 to a Head Constable, who is no more, and the said complaint was registered as a case in Crime No. 23 of 1989 under Section 302, IPC. Express reports were prepared. Ex. P-19 is the copy of the printed First Information Report.