PITCHAIAH Vs. STATE OF T N

JUDGEMENT

(1.) Appellant Pitchaiah was charged under section 302, Indian Penal Code in Sc. No. 172 of 1985 on the file of the PrI. Sessions Judge, Ramanathapuram at Madurai for having aused the death of his wife by strangulating her with a rope at his residence between 10 p.m. on 2-12-1984 and 5.30 a.m. on 3-12-1984. After an elaborate trial, the learned Sessions Judge found the appellant guilty as charged, convicted and sentenced him to undergo imprisonment for life.

(2.) The prosecution case in brief is as follows:- Appellant Pitchaiah belonged to Tuiticorin. Some years prior to occurrence, he went over to Rameswaram to eke out his Ii velihood. He was employed in a Motor-boat initially and subsequently he became its driver. After love affair with Susai ammal, the deceased, appellant married her six months prior to occurrence at Anthoniar Church, Rameswaram. After marriage there used to be frequent quarrels between the husband and wife on every petty matters. However, they used to resolve their disputes quickly without any possibility of split in their marital life.

(3.) P.W. 1 Anthony, father of deceased Susai ammal was residing in Attaman street, Rameswaram. His house had thatches alround and the roofing was also thatched. In the western ponion of the house, the appellant and his wife deceased Susai ammal were living. P.W.3 Amburose, son of P.W. 1 and P.W.4 Sakayam and P.W. 5 Maria Prema daughters of P.W. 1 were living along with their father on the eastern portion. At or about 8 or 8.30 p.m. on 2-12-1984 deceased Susai aromal requested her sister P.W. 5 to buy some Murukkus (eatable). P.W. 5 brought some murukkus and handed them over to deceased Susai ammal. The deceased distributed the eatable directly to her sisters while to the appellant who was sitting nearby, she threw a piece of the eatable. Appellant was aggrieved that the deceased did not handover eatable to him directly as she did for her sisters, but chose to hurl the same at him. In a fit of anger, appellant beat Susai ammal. Susai ammal was in tears. At or about that time, P.W. 2 Rayappan of Thangachimadam village who had arrived at Rameswaram on that day on his professional work relating to fishing, found deceased Susai ammal in tears. He enquired the deceased as to the cause for per grief. When the deceased narrated the incident P.W. 2, the latter chided the appellant and took him away to the nearby sea shore. P.W. 2 and the appellant engaged themselves in conversation at the beach, for about sixty minutes before they returned to the residence of the appellant. After leaving the appellant in his house, P.W. 2 went away. The appellant went inside the portion of his house where his wife was available. P.W. 3 who had gone away to witness a cinema, on his return, met P.W. 2 on the way. P.W. 2 informed P.W. 3 of the eatable throwing incident which resulted in a dispute between the appellant and his wife and his pacifying both of them. P.W. 3 informed P.W. 2 that such sort of quarrels was quite common between the spouses. P. W. 3 returned home at or about 10 or 10.30 p.m. He was served food by P.Ws. 4 and 5. Later all of them went over to sleep. Next day early in the morning around 5.30 a.m. P.Ws. 3 to 5 heard some groaning noise from the adjacent portion where the deceased and the appellant were living. They went to that portion and to their dismay, found the deceased dead. There was a rope mark on her neck. A rope was tying nearby. The appellant was seated near the head portion of the victim. Blood and froth were coming out of the nose of the deceased. P.W. 3 promptly informed his father P.W. 1. P.W. 1 rushed to the scene and found his daughter dead. At or about 6 a.m., when P.W. 2 was passing through Attaman street, he found a crowd before the house of the deceased. When he peeped inside the house, he found Susai ammal dead with a rope mark on her neck. He also noticed froth and blood coming out of the nose of the victim. P.W. 6 Seshu who lives opposite to the house of the deceased, on hearing weeping noise, from the house opposite to him, went there and found the victim dead. He noticed M.O. 1 rope near the dead body and a rope mark on the neck of the victim.