S.P.T. KARUPPIAH Vs. STATE

JUDGEMENT

(1.) THE accused in S.C. No. 112 of 1984 on the file of the Principal Sessions Judge, Ramanathapuram at Madurai, has preferred this appeal challenging the legality and correctness of his convictions under sections 302 and 392, Indian Penal Code and the sentences to suffer imprisonment for life and rigorous imprisonment for 7 years, respectively, the sentences to run concurrently. The appellant was tried on two charges under sections 302 and 392 I.P.C. on the allegation that on the night of 1st March, 1983 at about 11 P.M. at Seenamangalam village, the accused committed the murder of Sarojini Achi by strangulating her neck and during the course of the same transaction, he committed theft of jewels worth about Rs.1,00,000/ -. To substantiate the above charges, the prosecution examined P.Ws. l to P21, filed Ex.Pl toP28 and marked M.Os. 1 to 27.

(2.) THE case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows: P.W. 1 is the son of the deceased. He would state that on 17.2. 1983 he left for Madras to his father -in -law's house and was staying there. A week later, his wife came there and both of them were at Madras while the deceased, his mother, alone was in the house. The accused was his classmate and he used to tome to his house often. On 3.3.1983 his father -in -law received a telegram Ex. P2 from P.W. 2, to the effect that his mother expired. Thereafter he and his wife proceeded to the scene village and reached the scene house at 1 A.M" He found the house locked. On the next day, after dawn, he peeped through the window and found his mother lying in the Koodam inside the house. Thereafter he went to the Kalayarkoil Police Station and gave a complaint to P.W. 19, Sub Inspector of Police. P.W. 19 reduced the complaint given by P.W. 1 into writing, read over the same and obtained his signature. The complaint is marked as Ex. Pl. On the basis of the same, he registered a case in Crime No. 27 of 1983 under section 174 Cr. P.C. He prepared the printed first information report with copies and sent them to the higher officials and to the Tahsildar. Ex. P24 is the First Information Report sent by him to the Tahsildar. He took up investigation, reached the scene place. Since the front entrance of the house was locked, he got into the house through the backdoor after pushing the 5th door of the 4th room. Thereafter he and the constables entered into the same. He held inquest over the dead body between 10 A.M. and 12 P.M. Ex. P25 is the inquest report. He gave the requisition Ex. P10 through P.W. 16 and one Subramaniam, to the Medical Officer to conduct autopsy.

(3.) P .W. 20 is the Inspector of Police, Kalayarkoil Circle. On