SANTHAKUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant, who has been convicted by the learned XI Additional Sessions Judge, Madras in S.C.No.98 of 1984 for an offence under Sec.302 of the Indian Penal Code and sentenced to undergo imprisonment for life, has filed the present appeal, challenging his conviction and sentence.

(2.) THE gravamen of the charge against the appellant was that on 8.8.1984 in Door No.29, Duraisamy Gramani Street, Kodambakkam, Madras, at about 10.50 a.m., he caused the death of his wife, Thamilarasi, aged 22, by stabbing and cutting her on her neck with M.O.1, knife as a result of which she died soon after.

(3.) ON the day of the occurrence, at about 10.30 a.m., the appellant went to the house of the deceased. P.W.3 went inside the kitchen to prepare coffee for him. The deceased and the appellant were in the front hall, talking for sometime. Suddenly P.W.3 as well as P.W.4 the sister of the deceased, who were also inside the kitchen and also P.Ws.1 and 2, neighbours, heard the voice of the appellant demanding the deceased, whether her father or her husband was more important to her. ON hearing this, P.Ws.3 and 4 went inside the middle hall, while P.Ws.1 and 2 came in front of the house. The appellant was seated on a rattan stool, while the deceased was seated near his feet on the ground. The appellant, then asked the deceased that he wanted a final answer as to whether she would come with him or not. The deceased replied that in her present state of physical health, she could not come with him. Thereupon, the appellant took out M.O.1, knife from his pocket and with his left hand, caught hold of the hair of the deceased, pulled her face backwards and with M.O.1 stabbed the deceased on the neck and then sawed the deceased P.Ws.1 to 4 raised alarm, whereupon the appellant removed M.O.1 and ran out of the house. P.Ws. 3 and 4 took the deceased who was bleeding profusely, rendered first aid and took her in an auto to the Government Hospital at Royapettah. P.W.8, the Medical Officer, there, found the deceased dead. Meantime, P.Ws.1 and 2 chased the appellant while, others in the street joined the chase. The appellant was finally caught near the house of one Dass in Raghavan Colony. The appellant put M.O.1 knife inside his pocket, which was taken possession of by P.W.1. They brought the appellant to the scene house and on coming to know that the deceased had been taken to the hospital, they took the appellant to the police station at Kodambakkam, 1 1/2 furlongs away and handed over the appellant and M.O.I to P.W.12 the Sub Inspector of Police there. P.W.1 gave a statement Ex.P-1 which was recorded by P.W.12. P.W.12 registered Ex.P-1 as Crime No. 1092 of 1984 of Kodambakkam Police Station for an offence under Sec. 307 of the Indian Penal Code. M.O.I was seized under mahazar Ex.P-2 and the blood stained trouser and shirt of the appellant M.Os. 2 and 3 respectively were seized under mahazar Ex.P-3. At 11.45 a.m., information was received from Royapettah Hospital that the deceased was dead, whereupon the crime was brought under Sec.302 of the Indian Penal Code. P.W.12 sent express F.I.R. to the concerned authorities. P.W.13, the Inspector of Police, took up investigation.