N J SURAJ Vs. STATE REP

JUDGEMENT

(1.) The sole appellant, who, in the judgment, will be referred to as 'the accused', was tried before the learned Principal Sessions Judge, in Sessions Case No.180 of 1996, on a charge of murder on an allegation that at about 2.00 or 2.30 a.m. on 23.3.94, he caused the death of Shali, his wife, by smothering and by causing asphyxia. He was also charged under Section 201 I.P.C. on an allegation that after causing the murder of Shali, he attempted to screen the offence by leaving a suicide note at the scene, as if, it was written by the deceased Shali. The learned trial judge convicted and sentenced him to two years rigorous imprisonment for the said offence under Section 201 I.P.C. while convicting and sentencing him to imprisonment for life for the offence of murder. Hence, the appeal.

(2.) Shorn of unnecessary details, the facts necessary to dispose of the appeal can be briefly summarised as follows:- The deceased is the daughter of P.W.7. The accused was running a printing press under the name and style of Prompt Printers at Tirussur in Kerala. The deceased was staying with her father at Paliseri Village near Tirussur and was employed in the printing press of the accused. P.W.7 was a tailor by profession. The deceased studied up to 10th standard. She fell in love with the accused and wanted to marry him. Accordingly, on 19.3.94, she married him and the marriage was registered at the Office of the Sub Registrar, Tirussur. Ex.P.6 is the certificate issued by the Sub Registrar, showing the marriage between the accused and the deceased. The said fact was not known to the parents of the deceased and the parents of the accused were against the marriage and therefore, wanted the said marriage to be annulled. It is the further case of the prosecution that on 22.3.94, Ex.P.7 was registered at the same office annulling the said marriage, though the said deed was not signed nor was it presented for registration by the deceased and it was presented on behalf of the accused. On 22.3.94, the deceased left her house, carrying with her a tiffin box, M.O.11, after informing her father that she is going to Prompt Printers for her job. She was not seen alive thereafter by P.W.7. At about 6.30 p.m. on 22.3.94, the deceased and the accused went to Chitra Lodge at Coimbatore, where P.Ws.1 and 4 were working as receptionist and room boy respectively and asked for a double bed room after intimating P.W.1 that he and the deceased are husband and wife. The accused has stated that his wife had to attend an interview on the next day and therefore, they had to stay in the lodge for the night. P.W.1 obtained Rs.120/- from the accused and allotted room No.59. The accused made entries in the Check-in register, Ex.P.1 and the said entries are Ex.P.2. He wrote his name as Joshy, C.A., Chalayil House, Trivandrum and has also mentioned in the said register that the purpose of visit is to attend an interview. A receipt was also issued for the receipt of Rs.120/- and the said receipt stands marked as Ex.P.4. and the receipt book is Ex.P.3. P.W.4, the room boy, took the accused and the deceased to room No.59 and after getting tea for them, left the room. P.W.1 also saw the accused and the deceased leaving the room and returning at about 8.30 p.m. On return, they entered the room and locked it from inside. P.W.4 went away in connection with his other duties. At about 9.00 or 9.30 p.m. on 22.3.94, P.W.4 went home after handing over charge to P.W.1 and returned on the morning of 23.3.94. He found room No.59 locked from outside and when questioned, P.W.1 told him that the persons, who were occupying the room, would have gone out. P.W.4 did not bother to verify. On 24.3.94, as usual, he came and joined duty and purchased coffee and tea for the occupants in the lodge. At about 8.30 a.m., he went to the annexe building, where room No.59 was situate and found the room locked from outside. He noticed a foul smell emanating from the said room and therefore, informed P.W.1 and at that time, P.W.3, the Assistant Manager of the lodge, was also present. They went near the room and felt the foul smell and therefore, sent information to Venkatachalam, the owner of the lodge. After the arrival of the owner Venkatachalam, a complaint, Ex.P.5, was drafted by P.W.3 and the same was taken to the police station at Kattoor, where it was handed over to P.W.16, the Sub-Inspector. P.W.16, on receipt of the complaint, Ex.P.5, registered a case in Crime No.828 of 1994 under Section 174 Cr.P.C. by preparing express reports. Ex.P.44 is a copy of the printed first information report. The express reports were sent to the Court as well as to the higher officials. On receipt of the intimation, P.W.18, the Inspector of Police, reached the police station, where he obtained a copy of the printed first information report. He left for the scene of occurrence after requisitioning the services of the sniffer dog, the finger print experts and others. On reaching the scene of occurrence with his police party, he found the room locked from outside and therefore, broke open the door and entered the room and inside the room, he found a girl lying dead on the cot and a hand bag was seen by the side. There were also a tiffin box, M.O.11 and an yellow polythene bag, M.O.27. In the presence of witnesses, he prepared an observation mahazar, Ex.P.19. He also drew a rough sketch, Ex.P.45. The scene of occurrence was caused to be photographed and M.O.46 series are the photographs and M.O.47 series are the negatives. He searched the place. In the hand bag, he found a certificate issued by the University and other certificates. He also found a purse containing the name of Puthur Jewellery. A sum of Rs.111/- and coins to the tune of Rs.8.55 were also seen in the bag and the officer, from the certificates, came to know that the girl, who is lying dead, hails from Tirussur. He asked P.W.17, the Sub-Inspector, to go over to Tirussur to make enquiries. Thereafter, P.W.18 conducted inquest over the dead body of the girl between noon and 3.45 p.m. in the presence of panchayatdars and at the time of inquest, he examined P.Ws.1 to 4 and others. Ex.P.46 is the inquest report. He seized the jewellery, which were on the body of the deceased, under a mahazar, Ex.P.20, attested by witnesses. After the inquest, a requisition, Ex.P.15, was sent to the doctor for conducting autopsy.

(3.) On receipt of the requisition, P.W.11, the Tutor in Forensic Medicine, Coimbatore Medical College Hospital, Coimbatore, conducted autopsy on the body of the female aged about 23 years and found the following:-