ARUMUGAM Vs. STATE

JUDGEMENT

(1.) The accused challenges the judgment convicting him for an offence under Sec. 302 on the allegation that he caused the murder of his wife Nagarani on 8.2.1993 at night by burning her. At the relevant time, the accused was the resident of Meenambalpuram area of Madurai.

(2.) It is the case of the prosecution that the accused was married to the deceased Nagarani and they had two children; one Sukanya Devi and another a son who was aged about 7 years old at that time. It so happened that the accused suspected the character of his wife Nagarani and thought that she was in tow with one Ganesan, a witness who was examined and had turned hostile. It seems that the accused and the deceased had arguments on the question of Ganesan and on the evening of 7.2.1993 also, the accused saw Ganesan talking to his wife. On 8.2.1993, there was a sudden din as the said Nagarani was ablaze. It is the prosecution case that on hearing the din, one Karmegam came to the house of the accused and the two carried the deceased Nagarani to the hospital. In the hospital, she was admitted by Dr.Soundararajan, P.W.5. However, before being admitted she had also stated to the doctor that she was burnt by her husband Arumugam. Even when she was in utter pains, immediately she had stated before her daughter Sukanya Devi that her father had burnt her. She was treated in the hospital by Dr.Somasundaram, P.W.6.

(3.) On the hospital authorities informing the police about this incident, her three statements came to be recorded. The first statement is Ex.P14 which was recorded by P.W.10, the Sub Inspector of Police. Her second statement Ex.P9 was recorded by the Magistrate. The Magistrate Mr.A.Muralidharan has been examined as P.W.8 in this case. Her third statement had been recorded by the Inspector of Police P.W.11. It seems that in all the three statements, she implicated her husband and alleged that he had burnt her on account of his suspicious nature. The unfortunate lady ultimately died on 10.2.1993 at 3.50 p.m. Post mortem was conducted on her body by P.W.7, Dr.Edwin Joe who opined that she had expired due to burning. In the process, the unfortunate Nagarani had suffered 90% of burns. Investigation was conducted and the investigating officer recorded the statements of Sukanya Devi, the daughter of the accused and other witnesses. Thereafter, the investigating officer filed a charge sheet before the concerned Judicial Magistrate who committed the accused to Sessions. Before the Sessions, the accused abjured his guilt and claimed that he was innocent.