THANGADURAI NADAR Vs. STATE

JUDGEMENT

(1.) The appellant, who hereinafter will be referred to as "the accused", on being tried under Sections 341 and 302, IPC by the learned Principal Sessions Judge was convicted under Section 302 IPC and sentenced to imprisonment for life. He was acquitted of the charge under Section 341, IPC. Hence the appeal.

(2.) The case of the prosecution is this:- P.W. 1 is the son of the accused and the deceased is the wife of the accused. P.W. 2 is the sister of P.W. 1. The accused, during the relevant period, was mentally ill and therefore, he was left in the custody of P.W. 4, the elder brother of the deceased at Pethanadapatti. P.W. 1 was working in a radio repair shop at Magizhvannana- thapuram. On the date of incident, at about 11.00 a.m., P.W. 2 and the deceased were proceeding to Pethanadapatti for a condolence. At that time, the accused suddenly appeared before the deceased, who is his wife and dashed her head against the wall of a house, which was nearby, as result of which, the deceased sustained head injuries, resulting in blood oozing out from the nose. Information was sent to P.W.1 through P.W. 5. P.W. 1, thereafter, arrived at the scene and finding his mother with injuries, took her to the hospital and produced her before P.W. 8 the Duty Medical Officer, Tenkasi Government Hospital. P.W. 8, on examining the injured Arunachalavadivu, found the following injuries: (1) A laceration measuring 3" x 1" x 1" on the right paritetal region. (2) Two lacerations on the occipital, region measuring 1" x 1/2" x 1/2" and blood was coming through the nose and mouth. (3) A blood clot below the left eye. He issued Ex.P-4, the wound certificate. The doctor also sent intimation, Ex.P-5, to Tenkasi Police Station.

(3.) P.W. 11, the Sub-Inspector of Police, Pavoor Chatram Police Station, on receipt of Ex.P-5 from the hospital authorities, proceeded to the hospital on 10-1-1992 and reached it at. 11.00 a.m. At the hospital, he found the deceased in an unconscious state and therefore, questioned P.W. 1, who gave a statement. The said statement was reduced into writing. On the basis of the said statement, he registered a case in Crime No. 7 of 1992 against the accused under Sections 341 and 323 IPC. The copy of the First Information Report is Ex.P-10. P.W.11 after taking up the investigation, proceeded to the scene, where in the presence of P.W. 6, prepared an observation mahazar, Ex.P-2. He also drew a rough sketch, Ex.P-11. He questioned P.Ws. 1 to 4 and recorded their statements. In the meantime, Arunachalavadivu, the deceased in the case, breathed her last at 12.20 p.m. on 15-1-1992 and on receipt of the death intimation, Ex.P-3, the crime was altered to one under Section 302, IPC. The express reports were sent to higher officials.