SELVAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgement dated 14.10.2009 passed by the learned Additional District and Sessions Judge, Fast Track Court No.I, Erode in S.C. No.77 of 2009, whereby the sole accused stood charged, tried and found guilty for the offences under Sections 302, 309 of the Indian Penal Code and awarded life imprisonment and to pay a fine of Rs.500/- in default to undergo Rigorous Imprisonment for one year for the offence under Section 302 of the Indian Penal Code and to undergo Simple Imprisonment for one year for the offence under Section 309 of the Indian Penal Code.

(2.) THE short facts necessary for the disposal of the case can be stated thus:- (i) P.W.1 is working as a Gardener in the Engineering College, which is situated in the jurisdiction of the respondent-police. THE deceased Sudha is her daughter. P.W.1 desires her daughter to go for further studies. At that time, the accused made a request to the parents of Sudha that she should be married to him, but the parents of Sudha did not agree for the same. (ii) While the matter stood thus, on 18.4.2009 at about 6.30 a.m., when P.W.1 accompanied by the deceased Sudha went towards the fields within a part of the College campus to attend the nature's call. At that time, the accused/appellant, who came with a knife, saying that "if she could not marry him, she should not live", stabbed her on various parts of her body. THEreafter, he took the poisonous substance from the bottle and ran away from the place of occurrence. This was witnessed by P.W.1, who accompanied the deceased and P.W.2 who came over there. P.W.2 Mani tried to chase him, but could not catch the accused. Immediately, the severely injured Sudha was taken in an auto, which was driven by P.W.5 auto driver, to K.M.C.H. Hospital at Perundurai. After examining her, P.W.9 Doctor attached to the Hospital informed that she was dead. (iii) On the same day at about 8 O' clock, when P.W.8 was in the Hospital, the accused appeared before him and P.W.8 Doctor medically examined him and found that he consumed poison and gave treatment immediately. P.W.9 Doctor gave intimation to P.W.13 Judicial Magistrate for recording dying declaration. P.W.13 rushed to the hospital and recorded the dying declaration Ex.P12 in the presence of P.W.8 Doctor after satisfying that he was mentally fit to give the dying declaration. (iv) When P.W.17 Sub Inspector of Police was in the respondent-police station, P.W.1 proceeded to the respondent-police and gave Ex.P1 complaint, on the strength of which a case in Crime No.41 of 2009 was registered for the offence under Section 302 of the Indian Penal Code and Express First Information Report Ex.P18 was despatched to the Court. (v) P.W.19 Inspector of Police took up investigation, proceeded to the place of occurrence, made an inspection and prepared Ex.P2 Observation Mahazar and Ex.P19 rough sketch. He also recovered blood stained earth M.O.9 and ordinary earth M.O.10, one pair of chappals M.O.5 series, plastic bottle M.O.11 under the cover of mahazar Ex.P3. He conducted inquest on the dead body in the presence of witnesses and the inquest report is marked as Ex.P20. THEreafter, the dead body was subjected to autopsy. P.W.10 Doctor attached to Perundurai Government Hospital conducted the post-mortem on the dead body and the post-mortem Certificate is marked as Ex.P9, where he has opined that the deceased died between 6 and 12 hours prior to autopsy due to shock and hemorrhage and due to the multiple injuries sustained by her. (vi) Pending investigation, the accused was arrested on 21.4.2009 at 9.10 hours. Pursuant to the same, the accused came forward to give confession statement voluntarily and the same was recorded in the presence of witnesses and the admissible portion of the same is marked as Ex.P10. Pursuant to the same, he produced M.O.1 knife and M.O.12 shirt and M.O.13 lungi and the same were recovered under the cover of mahazar Ex.P11 and thereafter, he was sent for judicial remand. All the material objects were sent to for chemical analysis. Chemical analysis report Ex.P16 and Serological report Ex.P17 were received. On completion of investigation, final report is filed. THE case was committed to the Court of Sessions. Necessary charges were framed against the accused.

(3.) ADVANCING arguments on behalf of the accused, learned counsel would submit that in the instant case, the prosecution has miserably failed to prove its case. In order to prove its case, the prosecution has marched over two witnesses who are P.Ws.1 and 2. Both the witnesses could not have seen the occurrence. Insofar as the evidence of P.W.2 is concerned, even according to the F.I.R., after the occurrence, immediately the accused/appellant took poisonous substance from the bottle. According to P.W.2, who has given statement to the effect that immediately after the accused stabbed the deceased, he ran away from the place of occurrence. This particular statement made in Ex.P1 by P.W.1 was not within the knowledge of P.W.2. Thus, it is quite clear that P.W.2 could not have seen the occurrence at all.