MALLIGA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against conviction for life under Section 302 of the Indian Penal Code by a helpless woman having nothing but her honour to defend against the cruel depredation by none else than her husband.

(2.) THE facts of the case as stated by the prosecution is as follows: the deceased is the husband of the appellant. They are agricultural coolies. They were married for 14 years on the date of the occurrence, i. e. On 19. 11. 1993. They have a boy aged ten years and a girl aged five years. However, their married life was not happy. The husband was a drunkard and used to spend his earnings on drinking liquor and brandi and used to give Rs. 5/- or Rs. 10/- on the days he goes for work. The rest of the days, he used to quarrel to take the money earned by the wife for his drinking. On 18. 11. 1993, as usual, the deceased returned from the work in a drunken mood after spending all the money on liquor and demanded the money earned by the wife. At about 6. 00 P. M. on 18. 11. 1993, the appellant refused to concede to the request of the deceased stating that the money available was not sufficient even to purchase food materials for the children and the family and that she would be given her earning only the next day, for which the deceased had replied stating that the money earned by both of them is not sufficient to lead a decent living and nothing could be saved for the past 14 years, and in future also, there was no possibility of any savings and demanded her to accompany him to go to a lodge at Athur or Salem to do prostitution. The appellant pleaded with the deceased stating how can he say like that when they have two children and refused to comply with his illegal demand. He then suggested that she could be a mistress to somebody who will be able to give sufficient money for a comfortable living of their family. He had also suggested that she could enter into sale of illicit arrack and earn money. For this also, the appellant refused. It was 10 pm by that time. He then brandished a knife, threatening to kill her if she did not accompany him that night itself. Afraid of her husband using the knife, she had pleaded with him that it was too late to go out and that she would agree for whatever he would say the next day and that he could go to sleep. Thereafter, the deceased went for sleep threatening her that she should not reveal this to anybody and that if she runs away, he would go to the police with a complaint of theft of jewellery, money, etc. against her. Brooding over the prospect of going to a lodge as well as the threat, she was vexed in her life, thinking throughout the night without sleep. Ultimately, she decided to put an end to her husband's life, and by 3. 00 am, she took two stones from the backyard of the house and dropped on the head and body of the deceased one by one. Finding that blood was coming out of his head and that he was dead, she went and reported to the Village Administrative Officer at 4. 30 am, and an extra judicial confession Ex. P1 was taken from her by the V. A. O. She was taken to the Police Station by the V. A. O. at 6. 30 am and on his report and a case was registered as Crime No. 1522 of 1993 under Section 302 of the Indian Penal Code. The appellant was arrested at 7. 15 am and was produced before the Judicial Magistrate, who remanded her to judicial custody. At the request of the Investigating Officer dated 22. 11. 1993, a judicial confession was recorded by Judicial Magistrate No. II, Athur on 24. 11. 1993.

(3.) THE Investigating Officer commenced the investigation immediately without any delay, and after post-mortem and on completion of other formalities, a charge under Section 302 I. P. C. was framed against the accused by the Second Additional Sessions Judge, Salem.