THUMBA KALI ALIAS S D KALI Vs. STATE

JUDGEMENT

(1.) THE case of prosecution is that on 15.1.1986 at about 10.45 p.m. at door No.15, Radhakrishna Street,Nandavanamettur, Avadi the accused with the intention of Committing murder of his wife Suguna by stabbing her with a knife, caused death to her and thus the accused stands charged for the offence under Sec.302, I.P.C. charge was framed under Sec.302 against the accused by the Sessions Judge, Chingleput Division.

(2.) ON the side of prosecution ten witnesses have been examined and the case of prosecution briefly summarized is as follows: The accused is the husband of the deceased Sugna. P.W.1 is the sister of the deceased and P.W.2 is the mother of the deceased. P.W.3 is the sister of the accused. P.W.4 is the son of the accused through his first wife Kasturi. The accused and the deceased got married about eight years back. The accused was working in Dubai. The deceased Suguna was residing in her house at Avadi with her children. The accused had three children through his first wife Kasturi and two children through the deceased Suguna. The accused used to come to India and visit his family once in a year. A few days prior to the occurrence, the accused had come from Dubai and was staying with the deceased at Avadi. To see her sister, P.W.1 had visited the house of the deceased and then she left for her place. After four days, on the Pongal day, the accused, his wife the deceased and their children had visited the house of the sister of the accused which is opposite to the house of P.W.1. ON the next day i.e., the Maattu Pongal day, the accused left his wife Suguna and the last child and took the other children with him and went to Avadi. P.W.1 found Suguna since deceased having sustained some injuries on the head and questioned that. The deceased had stated that her husband beat her and caused such injuries. The deceased asked P.W.1 to take her to her husband. Accordingly P.W.1, her mother P.W.2 and her sister took Suguna since deceased and her children to the house of the accused. The accused did not talk with them cordinally. ON that night, after seeing the television, P.W.1 and her mother P.W.2 were sleeping outside the house. P.W.4 was sleeping in the verandah. P.W.1 sister and other children were sleeping in the room where the television was kept. The accused and the deceased were sleeping in a separate room. At about 10.30 p.m. P.W.1 heard the noise of her sister the deceased "TAMIL" P.W.1 broke open the door and entered into the bedroom where the accused and the deceased were sleeping and P.W.I found the accused catching hold of the hair of the deceased and stabbing her with the knife on her head and on several parts of the body. The light was burning inside the room. The deceased was found naked. P.W.1 saw the knife M.O.1 inside that room. The deceased was found dead. P.W.5 also on hearing some noise came out at about 11.00 p.m. and found the deceased lying dead. P.W.1 came out and when she was proceeding to the police station, an elderly person came in the opposite direction. She asked him to prepare the complaint Ex.P-1. P.W.1 signed Ex.P-1 and gave it to the police. P.W.9 received Ex.P-1 from P.W.1 registered it in Crime No.105 of 1986 under Sec.302, I.P.C. and prepared F.I.R. Ex.P-14. P.W.10, received Ex.P-14, took up investigation, visited the scene of occurrence, prepared observation mahazar Ex.P-5 in the presence of P.W.7, drew rough sketch Ex.P-15 and made arrangements to take photographs. He held inquest on the dead body of Suguna in the presence of witnesses and prepared inquest report Ex.P-16. After inquest, he sent the dead body for post mortem through P.W.8 to the doctor. The doctor P.W.6, who conducted post mortem on the dead body of Suguna, found the following injuries on her dead body: "(1) 5 Transversely oblique parallel bone deep incised wounds with bruised margins on the: (a) Right Mastoid region measuring 3 " 0.5 cm; (b) 1 cm behind (a) measuring 1.2 " 0.5 cm; (c) 0.3 cm behind (b) measuring 1.0 " 0.5 cm; (d) 1 cm behind (c) measuring 3.5 " 0.5 cm; (e) 1 cm behind (d) measuring 7 " 0.5 cm; (2) An incised wound with bruised margins of 2 cm. in length extending from the upper part of the helix of the right ear to the adjoining scaphoid fossa. It has cut through its entire thickness. (3) An oblique incised wound with bruised margins on the right occipital region measuring 2 " 0.3 cm and bone deep - 2 cm to the right of the mid line and 5 cm behind the right parietal eminence. (4) An oblique incised wound of 7.5 cm " 1 cm and bone deep with bruised margins in he mid occipital region. (5) A transverse gaping wound measuring 5 " 2 cm extending from the left mastoid to the left tragus splitting through the left ear lobe. Its margins were irregular and bruised. There was a tag of skill loosely over hanging from the upper margin of this wound behind the left ear. ON dissection it was found there was a transverse fracture on the left mastoid exposing its interior part along the line of the wound. (6) A transverse gaping wound of 11 " 4 cm extending from the left parotid region to the upper part of the left border of the neck. The anterior and on the face is 1 cm in front of left parotid gland which was widely obtuse with irregular and bruised margins. The posterior and also of the same as above is merging with external wound No.5 excepting for the split ear lobe and the tag of skin behind it at the upper margin of the external wound No.5. There was, a safety pin which was opened and deformed was found struck to the torn tissues and the skin of the wound. ON dissection the muscles and blood vessels were irregularly torn. The left temper mandibular joint was disrupted with torn ligaments and co-minuted fracture of the left ramus of the mandible, left part of the body of the mandible and zygomatic process of the left temporal bone. There was a tear in the left internal jugglar vein near the base of the skull. The left upper and lower molars were loosened with extravasation of blood in their sockets. (7) An abrasion 2 " 0.3 cm on the left cheek 1 cm in front of the lower anterior end of the external wound No.6. (8) A transverse incised wound with bruised margins measuring 4 " 0.5 cm and muscle deep on the upper lateral aspect of the left side of the neck 0.5 cm below the lower posterior and of the external wound No.6. (9) A bone deep gaping wound with irregular and bruised margins measuring 1 " 0.6 cm on the left border of the occiput - 3 cms above the hair line. (10) A curved abrasion of 7 " 1 cm, with a convexity outwards on the back of the left shoulder just behind its top. (11) A curved transverse linear scratch of 18 " 0.2 cm extending from the left upper part of the scapula to the outer surface of the upper part of the left arm. There was a muscle deep incised wound of 6 " 1.5 cm, along the lone of the scratch on the scapular region. (12) A curved linear scratch of 16 " 0.2 cm -2 cm below the external wound No.11. In its middle there was an incised wound of 3 " 0.5 cm and fascia deep along the line of the scratch. (13) A transverse linear scratch of 10 " 0.2 cm along the middle of the left scapula with a skin deep incised wound of 2 " 0.5 cm in its middle along the line of the scratch. (14) 2 transverse oblique linear parallel scratches 1.5 cm apart, the upper one measured 8 " 0.2 cm and lower one 9 " 0.2 cm on the middle of the postero lateral surface of the left arm. (15) A transverse incised gaping wound with bruised margin measuring 7 " 2.5 cms on the middle of the ulnar surface of the left forearm. The underlying superficial muscles were cut along the line of the wound. (16) An oblique incised would with bruised margin measuring 5 " 1 cm and fascial deep on the ulnar surface of the left forearm 6 cm " above the wrist line. (17) An abrasion 2 " 0.5 cm on the back of the left forearm 5 cm below the elbow line. (18) An oblique scratch of 5.5 " 0.2 cm on the back of the left wrist. (19) An oblique abrasion 9 " 1 cm on the upper part of the front of the left thigh. (20) An abrasion 3 " 0.5 cm on the left iliac fossa of the abdomen. (21) A transverse scratch 5 " 0.2 cm on the lower part of the front of the left thigh - 10 cm above the knee line. (22) A curved abrasion with convexity outwards measuring 2 " 0.5 cm on the outer surface of the left knee. (23) A curved abrasion with convexity outwards on the upper part of the lateral surface of the left leg -10 cm. below the knee line. It has measured 3 " 0.5 cm. (24) A transverse scratch 13 " 0.2 cm on the back of the right shoulder with a skin deep incised wound of 3.1 " 0.5 cm in its middle along the line of the scratch. (25) An oblique linear scratch 9 " 0.2 on the right scapula. (26) A curved linear scratch 1 " 0.2 cm on the upper medial border of the right scapula. (27) Multiple linear transverse parallel scratches, irregularly spaced on the lower part of the back of the neck each measuring 5 - 2 " 0.2 cm (4 Nos.) (28) A bruise 5 " 3 cm with an abrasion of 1 " 0.5 cm with dried brown scab on the upper part of the dorsum of the left hand. ON dissection there was extravasation of blood in the facial plane which so of bluish is colouration." The doctor P.W.6 issued post mortem certificate Ex.P-4 and viscera report Ex.P-3. P.W.6 gave opinion that the deceased would have died of shock and hemorrhage due to the external injuries Nos.5 and 6 and their corresponding internal injuries sustained by the deceased and the injuries are possible by using a weapon like M.O.1 knife and injury No.5 is sufficient to cause death in the ordinary course of nature. He has also opined that injury No.6 is necessarily fatal and the deceased ought to have died within few minutes after sustaining the injuries. After post mortem P.W.8 handed over the dead body of Suguna to her relatives. P.W.10 arrested the accused in the place of occurrence, recorded his confession statement and as per the admissible portion of the statement, he recovered M.O.1 knife under mahazar Ex.P-8 in the presence of P.W.7. P.W.10 recovered blood stained earth and sample earth M.Os.7 and 8 under mahazar Ex.P-10 in the presence of witnesses. P.W.10 also seized the knife M.O.6 under mahazar Ex.P-9 and M.Os.2 to 11 dress worn by the deceased in the presence of witnesses. He also seized the dress worn by the deceased prior to the occurrence M.Os.9 and 10 under mahazar Ex.P-12. P.W.10 seized blood stained hair of the deceased M.Os.1 to 13 under mahazar Ex.P-13. P.W.10 sent the accused for remand and sent the M.Os. to court with requisition Exs.P-17 to P-21 for sending them for chemical analysis. The chemical analysis report is Ex.P-22 and serological report is Ex.P-23. After completing the investigation, he laid charge sheet against the accused.

(3.) LEARNED Public Prosecutor submitted that P.Ws.1 and 2 are the eye witnesses to the occurrence and they have clearly spoken in their evidence with regard to the occurrence and the overtact committed by the accused and even the evidence of P.Ws.3 and 4 proves that only this accused and the deceased were in the bedroom at the time of occurrence and there is ample evidence on the side of prosecution to prove the guilt of the accused for the offence under Sec.302, I.P.C. He further submitted that even during the course of his examination under Sec.313, Crl.P.C., the accused had not stated anything with regard to illicit intimacy of his wife Suguna with anybody and he suspected her faithfulness. The learned Public Prosecutor further contended that the case of prosecution has been proved in this case beyond reasonable doubt for the offence under Sec.302, I.P.C. by the evidence of eye witnesses available in this case and the conviction and sentence passed by the learned Sessions Judge is sustainable.