SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) Sakthivel, the appellant herein has filed this appeal challenging the conviction under Sections 302 and 380 I.P.C. and sentence to undergo life imprisonment for the offence under Section 302 and seven years rigorous imprisonment for the offence under Section 380 I.P.C.

(2.) The appellant was residing in Ramanathapuram village in Eriodu Taluk in the adjacent house to that of the deceased Kanagavalli. P.W.1 Vijaya, Kanagavalli's daughter, is living in Trichy. Kanagavalli' s son by name Gopinath, was blind; also he could not move. P.W. 2 Rajeswari and P.W.3 Seethammal were the adjacent house owners. P.W.5 is the relative of the accused and she is also a neighbour. On 18.11.1998, at about 11.30 a.m., P.W.1 received a telephone call from P.W.6 Sundararaj informing that Kanagavalli died. Immediately, P.W.1 came to the village at 4.30 p.m. and found that the deceased was kept in a sitting posture on a chair. P.W.7 daughter of P.W.1 also came to the village and they were waiting for the arrival of the husband of P.W.1. He came on the next day, viz., on 19.11.1998 and after his arrival, they wanted to bury the body and therefore, they started performing the last rites in the house. In that process of washing the body, P.Ws.1 and 7 found injuries on the neck of the deceased as well as on the hands and some other parts of the body. Therefore, they grew suspicious on the cause of the death of the deceased and therefore, immediately, P.W.1 went to the police station at 3.00 p.m. on 19.11.1998 and gave Ex.P.1 complaint, to P.W.12 Inspector of Police. He registered a case under Section 174 Cr.P.C. as "suspicious death" and prepared Ex.P.8 first information report. Thereafter, P.W.12 went to the scene of occurrence at 4.00 p.m. on the same day and prepared Ex.P.2 observation mahazar and Ex.P.9 rough sketch. P.W.12 conducted inquest over the body of the deceased and Ex.P.10 is the inquest report.

(3.) P.W.10 the Doctor who conducted post-mortem found six injuries on the body of the deceased, opined that the deceased would appear to have died of asphyxia due to throttling; Ex.P.6 is the post-mortem certificate. After the post-mortem, P.W.12 Inspector of Police altered the case into 302 I.P.C. and proceeded with investigation. He examined P.Ws.1 to 5 and 7. While so, on 24.11.1998, the accused went to P.W.9 Village Administrative Officer and gave Ex.P.3, extra-judicial confession which was reduced to writing; the accused also produced M.O.1 gold bangles, M.O.2 gold chain and M.O.2 cash of Rs.2,400/-. P.W.9 Village Administrative Officer took the accused along with the material objects to P.W.12 Inspector of Police. P.Ws.1 and 7 identified M.Os.1 to 3 as that of the deceased; P.W.12 arrested the accused and seized the materials objects. After completing the investigation, P.W.12 filed the charge-sheet.