THANDAVAN Vs. STATE

JUDGEMENT

(1.) THIS reference from the Court of Sessions, Salem, convicting the accused with the extreme penalty under the law for the charge of intentionally murdering his wife Chhinnathayee at about 4-30 P. M. on 8-12-1971 at Mallagoundanvettu Kadu, Hamle. t of Thoramangalam Village by hitting her with a stone pestle on her head and cuttinc her neck with a barber's knife, and the Criminal Appeal No. 345 of 1972 by the accused have been heard together.

(2.) THE prosecution case is as follows: The accused and the deceased are husband and wife and they were married 15 years ago. The deceased started a tea stall about two years ago near Mariamman Koil in Chinnappampatti Road and the accused and the deceased were looking after the tea stall. There were a large number of customers attending the tea stall for taking tea and the deceased used to talk freely with them. The accused was suspecting her fidelity and there used to be frequent quarrels between the accused and his wife resulting in the wife going to her mother's house with her children often. A few days after the Deepavali in 1971 the accused closed his tea stall and went away for cultivating his lands and doing business in tapioca. The accused was lazy and not working regularly and he used to stay at home and spend the money given by his mother-in-law (P. W. 2) often in gambling and drinks. On 8-12-1971 (the date of occurrence) the deceased and his wife went to the house of P. W. 2, the mother-in-law of the accused, took food and returned to the accused's shed in his field and were resting there. The accused and the deceased were quarrelling in that field shed at about 4-00 or 4-30 P. M. that day and the deceased was questioning her husband as to how she could maintain the family if he remained idle and did not do any work and earn money for which the accused replied that he would be like that and that she could do what she liked and the quarrel went on resulting in the accused hitting the deceased with, a stone pestle and cutting her neck with a razor procured previously from P. W, 8. Palani (P. W. 1) Vettian of Thataman-galam Village, who was passing through the pathway near the field shed of the accused at about 4 P. M. saw the accused coming out in a highly perturbed mood and on P. W. 1 questioning him the accused told him that he had finished his wife and that he might go and see her in the shed and so saying the accused went away. P. W. 1 went to the field shed and saw the deceased lying dead in front of her shed with a cur injury on her neck and the stone pestle lying near her. P. W. 1 thereafter went to the house of the village Munsif at Jalakandapuram and as the village Munsif was not available, he went to the police station at Jalakandapuram and gave an oral report to P. W. 11 (Palaniswami) H. C. 372, which was recorded by P. W. 11 under Ex. P-1 as narrated by P. W. 1. The Village Munsif of Tharaman-galam, who had gone out for collection work, returned home by 6 P. M. and saw P. W. 1 waiting for him to tell him about the murder of the deceased and also about his giving a report to the Jalakandapuram Police Station. The Village Munsif (P. W. 9) immediately proceeded to the place of occurrence. Meanwhile P. W. 11 who recorded Ex. P-1 at about 5-30 P. M. , registered it as Crime No. 278/71 aad sent express report to his superiors and proceeded to the scene off occurrence. He prepared observation maha-zar, Ex. P. 3 recovered M. O. 3 (stone pestle), M. O. 5 (Blood stained-earth) and the; mahazar was attested by the village Munsif (P. W. 9) and another. The investigation was. taken up by the inspector of police (P. W. 13 ). He reached the scene of occurrence at 8. 30 P. M. , held the inquest) between 8. 30 P. M. , and 11. 30 P. M. , undef Ex. P. 11, the inquest report and during the inquest he examined P. Ws. 1 to 4 and others. He sent the body for post-mortem through P. W. 10, P. C. 1174 to the Government Hospital, Omalur. He searched for the accused and arrested him at 6 A. M. on 9-12-1971 in the cholam field on the eastern side of the salai, which was the place of" occurrence. The accused gave a voluntary confession (Ex. P-4) which was recorded by the Inspector of Police (P. W. 13) in the presence of P. W. 9 and others, who attested Ex. P-4, The accused thereupon took P. W. 13 to the hut where he had hidden M. O. 4, (the razor) which was seized by P. W. 13 undee a mahazar Ex. P-5 attested by P. W. 9 and another. Material objects 1 to 8 were sent, to the Submagistrate's Court, Mettur at Omalur on 9-12-71. P. W. 6 Dr. Suthanthira Vanitha, Medical Officer, Government Hospital, Omalur,. conducted the post-mortem on the body of the deceased Chinnathayee and she found the? following injuries:

(3.) BEFORE the learned Sessions Judge, Salem, the accused pleaded not guilty and the trial commenced. The point for consideration before the learned Sessions Judge was whether the prosecution had proved beyond reasonable doubt that the death was a homicidal one and whether the accused was responsible for the injury on the neck of the deceased. The learned Sessions Judge, on an appreciation of the entire documentary and oral evidence, came to the conclusion that the accused was guilty of the offence under Section 302 of the Indian Penal Code and convicted him thereunder. The present reference and the Criminal Appeal to this Court arise therefrom.