DHANABAKHIYAM ALIAS RASATHI Vs. STATE

JUDGEMENT

(1.) THE appellant in this appeal, a lady, is the sole accused in S.C.No.20 of 2000 on the file of the II Additional Sessions Judge, Coimbatore. She was charged and tried for offences under Secs.302(3 counts) and 307(3 counts) of the Indian Penal Code. On being found guilty, she was sentenced to hanging till her death for the offence of murder (3 counts) and sentenced to ten years rigorous imprisonment on each count under Sec.307 of the Indian Penal Code. Under Sec.366 of the Code of Criminal Procedure, R.T.No.2 of 2000 had come up before this Court by way of reference. THE accused filed an appeal C.A.No.482 of 2000. Since both the cases arise out of the same sessions case, we are inclined to dispose of the R.T., as well as the appeal by this common judgment. Heard Mr.V.Gopinath, learned senior counsel appearing for the appellant and Mr.R.Shanmuga Sundaram, learned Public Prosecutor, appearing for the State.

(2.) BRIEF facts of the prosecution case can be summarised as hereunder. Three persons were killed, viz., Bhoopathy, Kaliammal and Ramalingam by the accused. Bhoopathy is the husband of the accused and Kaliammal is the mother-in-law of the accused. Ramalingam is the son of P.W.2. For convenience sake, we will hereinafter refer the three persons above referred to as D-1, D-2 and D-3. The three injured are P.Ws.2, 3 and 4. P.Ws.3 and 4 are the children of P.W.2. P.W.2 is married to P.W.1.

(3.) ON receipt of Ex.P-1, P.W.18 the Inspector of Police of the jurisdiction police station prepared Ex.P-48, the printed first information report and sent it to the jurisdiction court as well as to his higher officials. At 11.50 a.m., P.W.18 visited the scene of occurrence. At the request of P.W.18, P.W.14, the photographer went to the scene of occurrence and took photographs of the dead body. M.O.25 series are the photographs and M.O.26 series are the negatives of the photographs of the dead body of D-3. Likewise photographs of the deceased Kaliammal was also taken. M.O.27 series and M.O.28 series are the photographs and negatives of the body of Kaliammal. P.W.14 photographer had also taken photographs of the blood stained flooring of the house of Kaliammal. M.O.29 and M.O.30 are the photographs and negatives of the same. P.W.13 was also present at that time. P.W.18 in the presence of P.W.13 and others prepared an observation mahazar Ex.P-33 and drew a rough sketch Ex.P-49. At about 12.30 in the afternoon, he recovered M.O.8 blood stained earth and M.O.9 sample earth in the presence of witnesses under a mahazar Ex.P-34 from the place where D-3 was attacked. Later on, from the place where P.W.3 was attacked, he recovered blood stained earth M.O.10 and sample earth M.O.11 under a mahazar in the presence of the same witnesses. Likewise, from the scene of occurrence, where P.W.4 was attacked, M.O.12 blood stained earth and M.O.13 sample earth were recovered under a mahazar Ex.P-36. P.W.18 also recovered M.Os.14 to 16 under a mahazar Ex.P-37 in the presence of witnesses. Thereafter, P.W.18 went to the house where D-2 was attacked and recovered M.Os.17 and 18 under a mahazar Ex.P-18 from the place where D-2 Kaliammal was attacked and from the place where D-1 Bhoopathy was attacked, he recovered M.Os.19 and 20 under a mahazar Ex.P-39. P.W.18 also recovered M.Os.21 to 24 under a mahazar Ex.P-40 from the place where D-1 was attacked by the accused. Between 3.30 p.m., and 5.00 p.m., P.W.18 conducted inquest over the body of D-3. Ex.P-50 is the inquest report. Between 5 p.m., and 6.30 p.m., he conducted inquest over the body of D-2 and Ex.P-51 is the inquest report. He thereafter, sent the corpse of the D-2 and D-3 for conducting post-mortem with a requisition Exs.11 and 9 through police constable P.W.16 to the Government Hospital.