RAMASAMY Vs. STATE

JUDGEMENT

(1.) THIS is an unfortunate case in which two women met with the death due to Cyanide Poison. The first of the deceased Saroja was a resident in a portion of the house of the other deceased Egambal at Arantangi Pudukottai Road. They were done to death by administration of Cyanide by the accused/appellant Ramasamy at 12.00 noon on 2.9.1995, when he stuffed the said Cyanide powder inside a laddu and gave it to Saroja, claiming it to be Tirupathi Prasadham. Thereafter, the appellant Ramasamy at about 2.30 p.m, put the Cynaide powder in a capsule and gave it to the second deceased, namely Egambal, claiming it to be a medicine and thereby caused the death of the two said women. The charges were framed accordingly and the accused appellant pleaded not guilty and hence the trial.

(2.) THE prosecution case in brief may be stated as follows: Deceased No.1 Saroja was aged about 60 years and was living with her husband Vaithialingam Asari in a portion of the house at Pudukottai Arantangi High Road, behind VSR Petrol Bunk. THE owner of the said house was one Egambal who is aged about 43 and a spinster, living in the other portion of the said house along with P.W.3 her nephew, a student. THE said Egambal was a teacher by profession, in addition to being a noon-meal organiser. On 1.9.1995 the deceased Egambal requested P.W.2 who was in a way related to her and was also a resident of the neighbourhood, to spare some money, so that she could repay her loan, obtained by her from one Ravi. She also stated that she is having Rs. 1,700 with her and that she wanted Rs. 1,200 more in order to pay off the loan. P.W.2-Jothimani replied that he would pay the amount the next evening and on the next evening at about 6.00 clock when P.W.2 - Jothimani went to the house of Egambal apparently to give the money demanded by Egambal, he found the doors open. But however, there was no signs of any movement, hence he called out the name Mohan Raj, examined as P.W.3, who was also staying in the said house being related to Egambal and was carrying on his studies in Arantangi High School. THEre was no response. Hence he went to the rear side of the house, where he found the body of Egambal lying down with eucalyptus leaves covering the same. On removing the leaves, he found Egambal to be speechless. He raised an alarm and on hearing the alarm, the neighbours had come. Simultaneously he went to the other portion of the house to enquire about this to Saroja and to his surprise, he found her lying flat speechless. Hence, he informed the neighbours to look after them, while he went in search of a taxi and brought the same with an idea of taking the injured to the hospital. But however, the neighbours informed him that both of them have died. So immediately he went to Neivathali and informed the matter to the relations of Egambal and P.W.3 the nephew of the deceased and all of them came in the taxi back to the village.

(3.) MEANTIME, after the respective inquest were over, P.W.23, the Inspector of Police prepared a requisition Ex.P-25 and Ex.P-27 and sent the bodies for postmortem through the constable attached to his department. P.W.10 - Dr.Renuka Devi working as a Civil Surgeon in Government Hospital, Arantangi on receipt of the body of the deceased Saroja on 3.9.1995, conducted autopsy at about 1.30 p.m. on 3.9.1995. She found the following symptoms: Appearances found at the Postmortem:Emmaciated eyelids closed. No discharge from mouth and nostrils. No external injuries. Internal Examination: Heart:180 gms. Congested, Chambers full. Lungs:Right 500 gm. Left 460 gm. Congested. Haemorrhages present. Hyoid Bone:intact. Stomach:Dilated with 100 ml of undigested rice particles. Liver:1500 gms. Congested. Kidney:120 gm. Congested. Intestines dilated with foul gas. Head Membranes:Intact. Brain:1200 gm. Congested. No vessel bleeding. Stomach, Intestine, Liver, Kidney, Sample of blood, Hyoid bone sent for Chemical analysis. The Doctor was of the opinion that the deceased would have died about 18-26 hours prior to postmortem. The viscera has been sent for analysis and after obtaining the analysis report, she had given the opinion Ex.P-26 stating that the deceased died due to Cyanide poison. Ex.P-8 is the Viscera report of the deceased Saroja.