R. RAMANI Vs. STATE

JUDGEMENT

(1.) There are totally two accused. Al was absconding at the time of committal. Hence, the case was split up and trial was proceeded in respect of the appellant/A2. Both the accused stood charged for the offences under Ss. 449, 341 and 302 read with 109 IPC. The trial Court, convicted the appellant/accused, under Sec. 302 read with 34 IPC, and sentenced to undergo life imprisonment and to pay a fine of Rs.20,000.00, in default, to undergo rigorous imprisonment for one year and convicted the appellant, under Sec. 449 read with 34 IPC, and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000.00, in default, to undergo one year rigorous imprisonment. The appellant was also convicted under Sec. 341 read with 34 IPC and sentenced to pay a fine of Rs.500.00, in default, to undergo simple imprisonment for one week. Now challenging the abovesaid conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution is that, the deceased by name, Helen, is the neighbour of the appellant, she was the Panchayat overhead water tank operator. There was a dispute between the appellant and the deceased regarding water supply and in this regard, there was a quarrel between them. On 1/7/2010, PW5, a relative of the deceased came in a two wheeler and parked the same in front of the house of the deceased, at that time, the appellant said to have poured dirty water over the two wheeler and in this regard, again there was a quarrel between the appellant and the deceased. Consequent to the same, on 2/7/2010, at about 01.30 p.m., while the deceased and PW1, husband of the deceased, were in the house, both the accused trespassed into the house of the deceased, where this appellant/accused catch-hold of the deceased and Al stabbed her with knife and caused more than 10 stab injuries. Immediately, she was taken to Asaripallam Government Medical College Hospital, where she was declared brought dead.

(3.) On receipt of the intimation from the hospital, PW15, Sub Inspector of Police, visited the hospital, where he recorded the statementof PW1, based on his complaint(Ex.Pl), he registered the FIR(Ex.P16) in Crime No.642/2010, for the offences under Ss. 449, 294(b), 341 and 302 IPC, and sent the same to the concerned Judicial Magistrate Court and sent copies of the same to the concerned higher officials. On receipt of the FIR, PW17, Inspector of Police, in the respondent police station, commenced the investigation and visited the scene of occurrence, where, he prepared the observation mahazar(Ex.P3), rough sketch(Ex.P20) and also collected the pieces of blood stained cement mortar(MO2) and pieces of plain cement mortar(MO3), blood stained torn yellow colour synthetic bag(MO4) and blood stained clothes(MO6 to 9) and sent the same to the concerned Judicial Magistrate Court. At about 06.00 p.m., he conducted inquest over the dead body, in the hospital, in the presence of panchayatars and witnesses and sent the body for postmortem through PW14-Head Constable, then, he recorded the statement of other witnesses. PW10 is an Assistant Professor, working in the Medical-Legal Department of Kanyakumari Government Medical College Hospital, conducted postmortem autopsy of the dead body and issued postmortem certificate(Ex.PlO), stating that the deceased appears to have died of shock and haemorrhage due to multiple stab injuries.PW17 continued the investigation, arrested the appellant/accused, sent her to judicial custody. Subsequently, on 12/7/2010, Al, surrendered before the 16th Metropolitan Magistrate, Chennai, and he was produced before the concerned Judicial Magistrate Court, then, he was taken to police custody, where Al has voluntarily given confession, in the presence of the witnesses and based on his confession, PW17, recovered the knife(MOl), under Ex.P3-mahazar, in the presence of witnesses, then, he recorded the statement of witnesses and handed over the investigation to PW18, another Inspector of Police. PW18 continued the investigation and recorded the statement of postmortem doctor and other witnesses and on completion of investigation, he filed final report on 5/10/2010, before the concerned Judicial Magistrate Court.