(1.) The above appeal is directed against the conviction under Section 302 of the Indian Penal Code on three counts and a sentence of life imprisonment on the accused.
(2.) The case of the prosecution is that the accused married one Rajangam, the deceased in this case, as his second wife in the year 1985. They have two female children, one by name Annakili, aged seven years and another female child (not named) aged six months as on the date of the occurrence. According to the prosecution, the accused often used to quarrel with the deceased for having begotten the children against his wish of not having any children, after his four children through his first wife. After the first child was born, the deceased went away to her parents' house and filed a case for maintenance alleging desertion by her husband, and a sum of Rs.300/- was ordered to be paid by the accused to her. The accused was arrested and kept in prison for failing to pay the maintenance two or three times. Thereafter, the accused executed a deed of gift for one acre of land in favour of the deceased Rajangam. They were living together afterwards and the second child was born and was aged six months at the time of the occurrence. Even then, there were quarrels between them. On 11.11.1993 at 11 am, the accused, with an intention to murder his second wife and her two children, in the house situated near Masapandaram Kadu in Managalapuram Village, hit the deceased Rajangam on her neck, back and forehead with the sharp rear portion of a sickle, M.O.1 and thereafter cut the throats of the two female children, thus murdering all the three of them. He ran away, leaving the weapon, M.O.1.
(3.) A complaint was received by the Village Administrative Officer at 2 pm on that day. The First Information Report was given at 4.30 pm by P.W.1 and registered as Crime No.462 of 1993 at the Ayilpatti Police Station under Section 302 I.P.C. At 4.30 pm on 11.11.1993. The F.I.R. was sent to the Magistrate's Court and a message was given to the Inspector of Police through wireless, who, on the same day came to the Ayilpatti Police Station at 5.45 pm and after obtaining the copy of the F.I.R., went to the place of occurrence, inspected the place, prepared the magazar, conducted inquest over the dead bodies of the deceased and prepared the inquest reports, Exs.P.19, P.19 and P.20 and thereafter sent the bodies along with a requisition for post-mortem examination. He seized the sickle M.O.1, the blood stained earth M.O.2 and the sample earth M.O.3 from the place of occurrence under magazar, Ex.P.5. The Inspector conducted investigation, interrogated P.Ws.1, 2, 4, 9 and others and the other material objects were handed over to him. P.W.5 took the photographs of the dead bodies when the same were lying in the house and marked them as Ex.P.5 Series. The post-mortem report was obtained from the doctors, P.Ws.6, 7 and 8. In the meantime, the accused had surrendered before the Salem Judicial Magistrate No.IV on the same day, i.e. on 11.11.1993 at 4 pm and was remanded to judicial custody. The accused was questioned under Section 313 of the Criminal Procedure Code. He had filed two letters alleged to have been received from his deceased wife and he also filed a defence statement. The learned Sessions Judge, after considering the oral evidence of P.Ws.1 to 15 and the documentary evidence, found the accused guilty under Section 302 I.P.C. on three counts and imposed life imprisonment on the accused, directing the sentences to run concurrently. The appeal is against this judgment.