MALLIKA Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused and in this judgment she will be referred to as "A-1" for the sake of convenience. She was tried with the other accused by the learned Sessions Judge, Madurai in Sessions Case No. 190 of 1989. The charge against the first accused under charge No.1 is under Sec. 302, J.P.C. with an allegation that at 2.00 p.m. on 5-7-1987. She administered medicine in large quantity with a view to cause the death of her husband Natarajan, as a result of which, the said Natarajan died at about 4.00 p.m. on the same day. The second accused was acquitted by the learned Sessions Judge of a charge under Section 302, I.P.C. read with Section 109, I.P.C. for abetting the said commissions of the offence of the first accused. The learned Sessions Judge, while convicting the first accused and sentencing her to undergo imprisonment for life, acquitted the second accused. Hence, the present appeal by the first accused.

(2.) Shorn of unnecessary details, the facts necessary to dispose of the appeal can be briefly summarized as follows:- The first accused is the wife of the deceased Natarajan. The said Natarajan was working as an officer in State Bank of India at Tirunelveli. At Tirunelveli, he was staying with his wife, A-1 his son, P.W.3, who was aged about 9 years at that time and his two daughters. They were living in the upstairs portion of the house, in which A-2 was living in the ground floor along with his mother. P.W.4 was the servant mind in the house. The second accused, according to the prosecution, used to go to the upstairs portion of the first accused, after the deceased left for his office. According to the prosecution, whenever the second accused goes to the house, the first accused was in the habit of sending away her son, P.W.3, her daughters and the maidservant. P.W.4 on one pretext or the other. On a particular day, A-2's mother also saw A-2 talking with A-1 and took A-1 to task as to why she is spoiling her son. While the matter continued thus, the deceased received orders of transfer to Madurai. After he was transferred, he took a house for rent bearing Door No. 47. State Bank Colony, Doak Nagar at Madurai and he also shifted his family. Since he was not relieved immediately, the first accused and her son were staying in the house at Madurai. The second accused went to the house of the first accused and stayed there for three days and left a day prior to the arrival of the deceased. The deceased went to bed at night and got up in the morning and picked up a quarrel with his wife, the first accused, as to whether she is trying to kill him since he was unconscious throughout the night. On the next day, the first accused served him some tiffin, who after tasting it spit it saying it tastes sour. At Madurai the deceased suddenly developed diarrhoea and he went to the doctor, P.W.2 to take treatment. The doctor was also told that apart from diarrhoea he is also vomiting. P.W.2 administered the Perinorm injection. On the next day also, the deceased went there and complained to the doctor that vomiting continues. P.W.2 once again gave Perinorm injection. Third day also, the deceased went to the doctor and told him that though vomiting stopped, he continues to suffer from dysentery. The doctor, P.W.2 prescribed Choloerstrep and asked him to come for check up in the evening. The deceased did not go back to the doctor thereafter.

(3.) On 4-7-1987, the deceased was normal and on 5-7-1987 the deceased was looking sleepless. At about 7.30 a.m. he went to the bath room. He opened the door and fell down. P.W.3. the son of the deceased, who entered the house, on seeing this, shouted that his father had fallen down. P.W.5. the maid servant in the house at Madurai, helped A-1 and P.W.3 to carry the deceased and place him in the bed. P.Ws.3 and 5 asked the first accused as to whether they can go and fetch the doctor. The first accused told them to mind their business and she wrote the name of some medicine in a slip, handed over the said slip to P.W.5 with a direction to go and purchase the same, P.W.5 went to the shop of P.W, 9, who found that the slip contained the name of the medicine as "Valium" Since Valium is a scheduled drug, he refused to give the said medicine to P.W.5 stating that such medicine is not available in his shop. P.W.5 returned to the house and reported the said fact to A-1. and thereafter she went to her house for lunch. The first accused locked up her son, P.W.3 along with her husband inside the house and went away. She returned after an hour. Thereafter, she went to the kitchen and powdered the tablets. When P.W.3 questioned as to what she is doing, the first accused told him that it is to be mixed with milk and has to be given to the deceased and that the deceased will be alright if he takes the medicine. The first accused mixed the powder in milk. She attempted to wake up Natarajan who did not wake up. She asked P.W.3 to open the mouth of his father and with the help of P.W.3, she poured the milk in the mouth of the deceased who drank the same. After some time, the deceased suffered fits. P.W.3 went and told this fact to the first accused, who admonished him to mind his business. She went and stood by the side of her husband and after some time, the deceased became motionless. The first accused went out and brought P.W.2, who on examining him, found him dead. Information was sent to the relatives and P.W.1, the younger brother of the deceased went there in a car. The dead body of Natarajan was taken to Tuticorin, the native place. On their way, the first accused told P.W.3 that if relatives questioned about the cause of death of his father, he must inform them that while watching T.V. he complained chest pain and later he died. She also told him that unless P.W.3 says as advised by her, she will also die and his younger sisters will become orphans. They reached Tuticorin. At Tuticorin, P.W.3 informed their relatives as advised by his mother P.W.I is the younger brother of the deceased and he is a doctor by profession. The deceased was taken to a cemetery and was buried and P. W.8, a Mason constructed the cemetery at Tirunelveli Road at Turicorin. The other funeral ceremonies were conducted. After the ceremonies were over, the family members were sitting together and talking among themselves as to the future of the first Accused. The elder brother as well as the elder sister of P.W. 1 told A-1 that she should live either with her parents or with them. A-1 replied that she had already fixed up a house at Palayamkottai P.W.1's elder sister asked A-l as to how she has fixed up the house at Palayamkottai and whether she knew that her husband would die. The first accused thereafter agreed to live with them. The final ceremonies of the deceased were over on 13-7-1987. On 14-7-1987, P.W.1's elder brother, Ramachandram wanted to visit the house of the first accused at Madurai to bring the articles from there. He also wanted to bring back the insurance policies and the record sheets of the children. When the elder brother of P.W.1 asked A-1 to hand over the keys of the house, she declined to hand over the same. Ramachandram insisted and threatened that if the keys are not handed over, he will report the matter to the police. The first accused yielded and handed over the keys to him. Ramachandram, accompained by P.W.1 and another brother Vijayakumar, went to Madurai and opened the door. There they found empty strips of Valium tablets in the Kitchen, which were marked as M.O. 1 series in this case. They also found two diaries on the table, which were marked as M.Os.2 and 3 in the case. P.W.1 grew suspicious and questioned P.W.5. P.W. 5, thereafter told him that she was asked to buy the medicines from the medical shop and also took P.W. 1 to the shop of P.W.9. P.W.1 questioned P.W.9, who also told him that on a particular day, P.W.5 came to his shop with a slip and asked for Valium Tablets and he refused to give the said tablets. After returning to Tuticorin. P.W.1 took P.W.3 aside and enquired him as to what transpired at Madurai. P.W.3 then told P.W.1 that on the date of the incident, his father became unconscious and fell down at the door and thereafter he was removed to the bed and placed in a cot. He also narrated the fact of the first accused asking P.W.5 to buy the tablets and her incapacity to buy them. He also told him that the first accused left the house, after locking him in the house with his father and returned with some tablets. He stated that he found his mother powdering some tablets and mixing the same in milk and administering it to the deceased. P.W.1, on thinking over the matter and discussing it with the relatives, went to B-4 Police Station and gave a complaint, expressing this suspicion about the cause of death of his brother Natarajan.