PAPPUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused Pappusamy who has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life has filed this appeal.

(2.) The case of the prosecution is that Sowriyammal the deceased in the case was the wife of the accused. They were married 12 years ago. They had two daughters and one son. After the marriage they were living in Melanettur with Sowriyammals father P.W. 3 Arokiam for three months. Thereafter the accused took-his wife to Kumizhanthal and there they lived. Three years after, the accused sent a telegram to P.W.-1 Arokiam asking him to take away his wife. Then Arokiam went and enquired about it and the deceased told him that the accused was in illicit intimacy with another girl and when she asked about that the accused beat her. Arokiam took his daughter to Paramakkudi and after giving her treatment there he took her to his village Kandanikkarai and there Sowriarnmal was living with her father. The father-in-law of Arokiam; who was living in Gunappendal saying that there is a vacancy for the post of teacher in Balavadi took Sowriammal there and there she was working as a teacher for about ten months. The accused was living with his children in Vannan Odai. The accused went to the deceased and told her that he would get her transferred to Keezhanettur and the deceased was transferred to that place and she was employed there as Balasevika in the Chief Minister's Nutritious Meals Scheme. Three months before the incident the accused went to the deceased and harmed her by beating. On 2-12-1983 at about 5.30 P.M., P.W.7 Sonai who was returning from his field saw the accused getting down from a bus and going to Keezhanettur. In the night at about 2-30 A.M. P.W.8 Mariyammal who was living in her house opposite to the house of Sowriammal happened to come out of her house for her child to pass urine and saw fire inside the house of Sowriammal and she cried aloud. Hearing that, P.W. 2 Silamban and one Subbaia who were living nearby went there and they found the door of Sowriammals house had been bolted from inside. The window remained open. When they looked through the window they saw the body of Sowriammal burning and the accused standing nearby. P.W. 2 Silamban immediately went to the house of P.W. 1 Santhanam who is Thaliyari of Keezhanettur and told him about the incident and both of them hurried to the occurrence place. P.W.1 Santhanam and P.W. 2 Silamban and subbaia pushed the door with force as a result of which the bolt inside fell down and the door opened. When P.W.1 Santhanam enquired Sowriammal as to what happened, she replied that her husband pouring kerosene on her set fire to her. When asked where was her husband she told him that he was hiding in the house. They found the accused hiding near a paddy heap there and Santhanam pulled him out. On questioning, the accused told them that his wife was not living with him for a very long time and he only had been taking care of the children and thinking that whether she lived or died it made no difference, he set fire to her. P.W. 1 went out and searched for a cart to take Sowriammal to hospital but nobody was prepared to give one. In the meanwhile P.W.6 Natarajan who was running a tea shop in that village, hearing about the incident, with a Taperecorder M.O. 1 went to the house of Sowriammal and asking Sowriammal as to what happened he recorded in the tape recorder her statement At about 3.00 A.M. Sowriammal died.Then P.W.1 Santhanam, P.W.2 Silamban and Subbaia with others took the accused to Elayankudi Police Station and reached there at 6.00 A.M. P.W. 1 Santhanam, gave a statement to P.W. 13 Sub Inspector which the Sub Inspector reduced into writing and that is Ex. P1. The sub Inspector registered a case under Section 302 I.P .C. and sent the First. Information Report to Court He arrested the accused. On receipt of information of the incident P.W. 14 Inspector of Elayankudi proceeded to the scene of occurrence and reached there at 7.30 A.M. He held inquest between 8.30 and 11.00 A.M. and recovered certain articles which appeared to him necessary for the case. Then he sent the body for postmortem. The Inspector recovered M.O,1 Taperecorder from P.W.6 Natarajan. After receipt of the postmortem certificate and also the report from the Chemical Analyst regarding the articles recovered in connection with the case the Inspector filed charge sheet on 21-1-1984.

(3.) The accused in his statement under Section 313 Cr. P.C. denied that he ill-treated his wife and also denied that he pouring on her Kerosene set fire to her. He further stated that because of his love marriage with his wife his father-in-law was ill-disposed towards him, and he (accused) was taken from his house and a false case has been foisted against him.