SEMBAN Vs. STATE

JUDGEMENT

(1.) ONE Semban has preferred this appeal against his conviction and sentenced to undergo imprisonment for life under Sec. 302, I. P. C passed by the learned Sessions Judge of Periyar District at Erode in Sessions Case No. 51 of 1985 on his file.

(2.) THE case of the prosecution is that on 8. 6. 1984 at 10. 00 p. m. Semban stabbed his wife Karupayyee who was sleeping in their house, with M. O. 2 knife, and intentionally caused her death.

(3.) ON the same day at 04. 00 p. m. P. W. 8 Doctor conducted the autopsy over the dead body of Karuppayi in the Government Hospital, Bhavani. She found the following injuries: "external Injuries:1. A stab wound 11/2 x 1/2 x 2 cm. at infra auxiliary region i. e. midline on left side. 2. A stab wound 11/2 x 1/2 x 2 cm. located 3 cms. below and backwards to injury no. 1. 3. A horizontal stab wound 11/2 x 1/2 x 1/2 cms. at the 9th intercostal space, 3 cms. right to the vertebral column. 4. A stab wound 11/2 x 1/2 x 1 cm. over the inferior angle of right scapula. 5. A horizontal incised wound 3x1/2x1 cm. over the middle of the medial aspect of left hand. Small muscles of the hand are incised. 6. Multiple incised wounds of varying size present over left palm, left index and middle finger. 7. A stab wound 11/2x1/2x2 cm. over the middle of the medial aspect of left arm. 8 An incised wound 3x1/2x2 cm. over the root of rightthumb ( palmar surface ). 9 A stab wound 1x1/2x2 cm. over the right deltoid region (horizontal ). 10 Astab wound over the epigastric region 11/ 2x1/2 cm. probe enters into the abdominal cavity. 11 Stab wound 1 x 1/2 cm. over the 3rd inter costal space just left to sternum. Probe enters into the thoracic cavity. 12 An incised wound 2x1/2x1/2 cm. over the right side of the middle of neck. 13 An incised wound 2 x1 x 1/2 cm. over the lateral side of the upper aspect of right thigh. 14 An incised wound 1x1/2x1/2 cm. located 2 cms. anterior and superior to injury No. 13. 15 An incised wound 1 x 1/2 x 1/2 cm. over the lower border of left gluteal region. 16 Ants mark present all over the body. She found the following on internal examination: Thorax: Clotted blood seen over the under surface of whole of sternum. Heart: l-l/2x 1/2 cm. vertical stab wound over the anterior wall of the right atrium present/clotted blood seen all over the heart on its outer surface. Weight 200 gms. Lungs: Right 350 gms. left 200 gms. pale. Cut pieces float in water. Hyoid bone: Intact. Stomach: Perforated over the middle of the anterior surface. Stomach contained partially digested food particles. Liver: 1600 gms. pale : spleen: 100 gms. pale. Kidneys: Both 450 gms ; Intestines: distended withgas.Uterus:NormalBladder: empty,Brain: 1200gms. Normal. " In the opinion of the Doctor the deceased would appear to have died of shock and haemorrhage due to injury to vital organ i. e. heart. Ex. P-6 is the post-mortem certificate. Since Ex. P-6 is not legible at the second page, Ex. P-7 another copy has been given. Most of the external injuries were on the vital part of the body of the deceased. External Injury No. 10 corresponds to the internal injury in the stomach. External injury No. 11 corresponds to the internal injury in the heart. The injuries found on the deceased could have been caused by a weapon like M. O. 2. The injuries are sufficients the ordinary course of nature to cause death of the deceased. The injury on the heart would have caused instantaneous death. The deceased would have died within 12 hours to 24 hours prior to autopsy.