JAYAKUMAR Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Referred Trial case No.3 of 2010 and Criminal Appeal No.637 of 2010.

(2.) THE Referred Trial has been preferred seeking confirmation of the death sentence passed by the Additional District and Sessions Judge, Fast Track Court No.I, Poonamallee, in S.C.No.34 of 2009 dated 23.9.2010, whereby the sole accused therein stood charged under Sections 449, 302 and 382 IPC, tried and found guilty of the charges and awarded Ten years Rigorous Imprisonment along with a fine of Rs.5,000/-, in default to undergo two years Simple Imprisonment for the offence under Section 449 IPC; Ten years Rigorous Imprisonment along with a fine of Rs.5,000/-, in default to undergo two years Simple Imprisonment for the offence under Section 382 IPC; and death sentence along with a fine of Rs.5,000/-, in default to undergo two years Simple Imprisonment for the offence under Section 302 IPC.

(3.) THE case of the prosecution, as could be discerned from oral and documentary evidence, can be briefly summarised as follows. P.W.1 Lakshmi Narayanan is the husband of deceased Jeyamala and he is working as Software Engineer in ISOFT Company, Kodampakkam, Chennai. P.W.12 Surya, aged about 9 years, and Sathia, aged about 4= years, are their children and they were studying in SBOA School, Anna Nagar West and they were residing in Flat No.1C Celestine Citadel Apartments, Vellala Street, Mugappair West, Chennai 3. P.W.13 Vijayakumar was residing in another flat in the same Apartments. P.W.2 Uthirakumar was employed as watchman in the Apartments. Accused Jeyakumar is a painter-cum-maistry working under P.W.16 Civil Engineer Chithirai Kannan and he was doing painting work in the said Apartments. On 12.12.2007, P.W.1 Lakshmi Narayanan left for Office at 8.45 a.m. and talked to his wife at 11.45 a.m. over telephone. At about 11.30 a.m. the wife of the accused Jeyakumar came to the Apartments along with P.W.3 Nagappan and met accused Jeyakumar and the accused told his wife to come back at 3'O clock and he would pay the money for settling the rent for the Compressor Motor. THE children of deceased Jeyamala P.W.12 Surya and Sathia returned home from the School by 12 noon and had their lunch and went to play in the ground floor. THE wife of the accused came there around 3.00 p.m. along with P.W.3 Nagappan and P.W.2 Uthirakumar sent them inside the Apartments for meeting accused Jeyakumar. When they met accused Jeyakumar, P.W.3 Nagappan noticed blood stains on the neck and shirt of accused Jeyakumar and he enquired him. Accused Jeyakumar replied that it is varnish and P.W.3 Nagappan disputed the same by saying that it is blood and when wife of the accused also asked about the blood stains, the accused replied that it is paint and they left the place. After play, the children P.W.12 Surya and Sathia returned to their flat at 3.30 p.m. and found their mother Jeyamala lying with bleeding neck injury in the bathroom and they came out crying. On hearing the same, P.W.2 Uthirakumar and P.W.13 Vijayakumar rushed there and found Jeyamala in the bathroom with bleeding injury in the neck and P.W.13 Vijayakumar informed P.W.1 Lakshmi Narayanan through telephone. P.W.1 Lakshmi Narayanan rushed to his house and saw Jeyamala with bleeding cut injury in the neck and the Gold jewels worn by her were found missing and he took her in an Ambulance to Sri Devi Hospitals. Dr. Prabavathi declared her as already dead. On 12.12.2007 at 5.30 p.m., P.W.1 Lakshmi Narayanan went to J.J. Nagar Police Station and gave Ex.P1 Complaint and P.W.11 Sub-Inspector Manickam received the same and registered a case in Crime No.974/2007 under Sections 380 and 302 IPC and prepared Ex.P18 First Information Report and despatched it to higher officers and Court. P.W.15 Inspector Ponnusamy took up the investigation and reached the occurrence place at 6.00 p.m. on 12.12.2007 and prepared Ex.P2 Observation Mahazar and drew Ex.P19 Rough Sketch. He conducted inquest on the body from 6.00 p.m. to 7.30 p.m. in the presence of panchayatars and prepared Ex.P20 Inquest Report and sent the body for post-mortem with Ex.P11 Requisition through P.W.10 Head Constable Sundaram. He examined P.W.1 Lakshmi Narayanan, P.W.2 Uthirakumar, P.W.3 Nagappan, P.W.4 Seetharamaiah P.W.12 Surya, P.W.13 Vijayakumar and some other witnesses and recorded their statements. P.W.8 Dr. S.Kuppusamy conducted autopsy at 12.30 p.m. on 13.12.2007 on the body of Jeyamala and found the following