PERIYANNAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appeal is against the judgment, conviction and sentence of the Sessions Judge, Dharmapuri Division at Krishnagiri in S.C. No. 78 of 1988 wherein the Appellant herein was found guilty of the offence under Section 302 of the Indian Penal Code for causing the death of one Unnamalai, W/o Murugan @ Pathali at about 10 p.m. on 2.11.1987 in the mango grove of one Annamalai at Periya Karadiyur and was sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution is that in the morning of 3.11.1987, PW2 - the village maniyam, on his way back after taking tea, found a crowd gathered in the mango grove of the said Annamalai. He saw the dead body of a woman and identified the same as that of the wife of the said Murugan (a)Pathali. Some of the persons, who were present at the scene also identified the dead body as that of the wife of the said Murugan (a) Pathali. Immediately, he went to the Village Administrative Officer PW1 and informed him about the lying of the dead body at about 8 a.m. PW1 prepared the report ExP1 and forwarded the same to Nagarasampatti Police Station.

(3.) PW 12 - the Inspector of Police, who received the wireless intimation by 3.45 p.m. on 3.11.1987 reached the scene of occurrence at 5 p.m. He received the copy of the express first information report from the Head Constable, who was present at the scene of occurrence. He prepared the observation mahazar ExP2 attested by PW1, the Village Administrative Officer. He also prepared the rough sketch ExPl4, and arranged to take the photographs through PW7. At about 6.30 p.m. he recovered MO1 the blood stained earth, and M02 the sample earth under mahazar ExP3 attested by PW1. He held inquest over the dead body between 7.30 p.m. and 9.30 p.m. During inquest, examined P Ws 1 to 4 and others. Ex.P15 is the inquest report. He suspected that the death of the deceased could be a murder, altered the charge into one under Section 302 of the Indian Penal Code and forwarded the express report ExPl6 to the higher authorities. Thereafter, he entrusted the dead body to PW8 the Constable for post mortem with the requisition ExP6.