RAMASAMY Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) The appellants, two in number, who were tried as A-1 and A-2 before the learned II Additional Sessions Judge, Krishnagiri in Sessions Case No.19 of 2000, were convicted by the trial Court. A-1 was convicted under Section 302 I.P.C. and A-2 was convicted under Section 302 read with 34 I.P.C. and on being convicted, each one of them was sentenced to imprisonment for life and was also directed to pay a fine of Rs.1,000/- with a default sentence of one year simple imprisonment. The above conviction and sentence are under challenge in this appeal.

(2.) The case of the prosecution as could be discerned from the oral and documentary can be briefly summarised as follows:- The deceased Lakshmi is the wife of A-1 and P.W.5 is the concubine of A-1. A-2 was an employee under A-1. P.W.3 is the brother of the deceased and P.W.7 is the elder brother of A-2. The accused and the deceased were living at Bangalore after their marriage and they used to visit P.W.3. On 9.5.92, the deceased went to Vathiyamarathahalli to visit her brother, P.W.3. She complained to P.W.3 that her husband is ill-treating her on a suspicion that she is in illicit relationship with one Dharmalingam. P.W.3 told the deceased that he will ask the accused about his conduct. At about 4.00 p.m., she left the village for Bangalore. She informed P.W.3 that she will return to the village along with her husband, as he had to execute a sale deed of a property, which he has already sold. A-1 went to the village of P.W.3 on 11.5.92 and executed the sale deed and went away. P.W.3 came to know that her sister had run away with someone. P.W.3, therefore, accompanied by his father, went to Bangalore to find out as to what happened and in the house of A-1, they found A-2, P.Ws.4 and 5. P.W.3 questioned them and came to know that his sister had run away with someone. P.W.3, therefore, went to the house of another sister, Vijaya, but could not get any definite details about the deceased. P.W.3, along with his father, returned to the village. Though, they thought of going to the police station to lay a complaint, they did not do so. In the meantime, on 12.5.92, P.W.2, the Village Administrative Officer, when he was in the office, was informed that a dead body of a woman is floating in a well belonging to one Madhan @ Mariappan. This information was given to him by the said Madhan. This was reduced into writing. The said complaint of Madhan is Ex.P.1. (The said Madhan, during the trial, was not alive and therefore, he was not examined, as could be seen from the evidence of P.W.1). P.W.2 went to the well and found the dead body of a woman aged about 25 years floating and on the dead body, a green colour saree and a black blouse was seen. P.W.2 went to the police station and gave the information about his seeing the dead body. P.W.14, the head constable of Palacode police station, on getting the information from P.W.2, registered a case in Crime no.623 of 1992 under Section 174 Cr.P.C. A copy of the printed first information report is Ex.P.8. He took up investigation in the case and reached the scene of occurrence. He prepared an observation mahazar, Ex.P.2 and drew a rough sketch, Ex.P.7. The dead body was brought out of the well and inquest was conducted in the presence of panchayatdars. At the time of inquest, Madhan and some others were examined, whose statements were recorded. Ex.P.9 is the inquest report. After the inquest, the body was sent to the hospital for autopsy.

(3.) On receipt of the requisition, P.W.8, the Civil Surgeon attached to Government Hospital, Palacode, conducted autopsy on the body of Lakshmi and found the following:- A body of a female lying on its back with the arms by the sides, skin peeling present. Blood stained discharge from the nostrils and mouth present. No discharge from other natural orifices. Ear lobes, lips, eyelids - fish eaten. No external injuries. Hyoid bone intact. Ribs no fracture. Heart weight normal. C/o. All the chambers empty. Lungs: Balooned out. C/s. Haemorrhagic. Trachea contains about 200 ml. of water. Abdomen: Distended. Stomach weight normal. Contains about 400 ml. of water. Spleen weight normal. C/s. congestion present. Liver weight normal C/s. congestion present. Kidneys weight normal. C/s. congestion present. Intestine weight normal. C/s. congestion present. Urinary bladder contains about 100 ml. of urine. Uterus weight normal. Cut section empty. Head skull bones intact. Brain weight normal. C/s. congestion present. The doctor issued Ex.P.6, the post-mortem certificate, with her opinion that the deceased died on account of drowning about 24 to 30 hours prior to autopsy.