AEMA GOUNDER Vs. STATE

JUDGEMENT

(1.) The appellant/accused was charge sheeted for the offence under Section 302 I.P.C., for causing the death of his sister-in-law Manimegalai on 22.3.1993 at 11 A.M. at Mattukaranur Kattuvalavu.

(2.) The entire case of the prosecution is based upon the extra judicial confession made by the appellant to P.W.1, the Village Administrative Officer and the subsequent recovery of M.O.3 the blood stained wooden log as well as M.O.8 the blood stained lungi of the appellant.

(3.) The case of the prosecution is that on 22.3.1993, at 12 Noon, the appellant met P.W.1 and told him that he murdered his sister-in-law Manimegalai, the wife of his elder brother P.W.2 and left her in the house. He did so as he suspected her fidelity and also for her attitude of disrespect to the appellant's brother, the husband of the deceased. P.W.1 recorded the said statement of the appellant in Ex.P.1. After recording the statement, P.W.1 went to the scene of occurrence along with the appellant. He saw the dead body of the deceased. However, the brother of the appellant P.W.2 was not there. On seeing the dead body, P.W.1 prepared the report Ex.P.2 and took the same along with the accused and another servant to Omalur Police Station, where he handed over Ex.P.1 as well as Ex.P.2 and the appellant. P.W.8, the Sub Inspector of Police, Omalur Police Station received Exs.P.1 and P.2 at 2.30 P.M on 22.3.1993 , registered the report as Crime No 329 of 1993 and prepared the express report and forwarded the same to the higher authorities as well as to the court. The printed copy of the express report is Ex.P.16. The appellant/accused was arrested. P.W.9, the Inspector of Police received the copy of the express F.I.R and took up the investigation. He went to Omalur Police Station at 3.15 P.M. and examined the appellant and recorded the statement. Thereafter, he went to the scene of occurrence along with the appellant and prepared the observation mahazar, Ex.P.3. He also prepared the rough sketch Ex.P.17 and held inquest between 5.00 P.M and 7.30 P.M. and he examined the witnesses. Ex.P.18 is the inquest report. He sent the body of the deceased with the requisition Ex.P.9 for post-mortem. He also recovered M.O.2 the blood stained earth and sample earth from the scene of occurrence under the mahazar Ex.P.4. He seized M.O.3 from the backyard of the house of P.W.2, the brother of the appellant under Ex.P.5. He returned to the Police Station at 9.00 P.M and recovered M.O.8 the lungi of the appellant under Ex.P.19 Form No.95. On 23.3.1993 he forwarded the materials to the Court with a requisition to send the same for chemical examination.