RANGASAMY ALIAS PONNAN Vs. STATE

JUDGEMENT

(1.) The accused in S.C.No.84 of 1998 on the file of the Principal Sessions Judge, Coimbatore is the appellant. He was tried before the learned Sessions Judge on a charge of murder. The allegation against the accused is that at 11.00 a.m.,on 4.4.1997, he inflicted indiscriminate cuts on his wife Angathal and that on account of the injuries suffered, the said Angathal died. He was sentenced to imprisonment for life.

(2.) According to the prosecution, on the date of incident, when the accused and the deceased were in their field at Mudalipalayam village, P.W.2, Rangasami, the father of the deceased, P.W.5, Kandasamy, the brother of the deceased and Lakshmi, the mother of the deceased were also there in the field. The accused took the deceased inside the garden house and threatened her to remove her jacket. When she removed the jacket, the accused stabbed her indiscriminately with a knife on her chest, as a result of which she fell down. Even thereafter, the accused continued to stab her on various parts of the body. P.W.2, P.W.5 and the mother of the deceased saw the occurrence, but they could not do anything since the accused threatened them of dire consequences if they intervene. Thereafter, the accused went to P.W.1, the Village Administrative Officer at about 2.00 p.m., and gave a confession statement to him narrating the incident. The confession statement was reduced into writing by P.W.1. Thereafter, P.W.1 went to the scene of occurrence along with his menial and found the body of the deceased Angathal. P.W.1 went to Sevoor Police Station, where P.W.9, the head constable was present. He handed over the complaint to P.W.9 at 3.00 p.m. He also handed over the accused along with M.O.1, the blood stained knife and M.O.2, the blood stained shirt of the accused, which were seized by P.W.9 under Ex.P.2. Thereafter, a case was registered in Crime No.156 of 1997 under Section 302 I.P.C. He sent the express first information report to the Magistrate as well as to the superior officials. Thereafter, at 4.00 p.m., P.W.10, the investigating officer reached the scene of occurrence and prepared Ex.P.3 and rough sketch, Ex.P.14. He recovered M.O.3, blood stained cement plaster and M.O.4, sample cement plaster under Ex.P.4. He also made arrangements to take photographs at the scene of occurrence. He conducted inquest over the body of deceased and examined the witnesses. After completing the inquest, the body was sent for post mortem.

(3.) P.W.6, the doctor conducted post mortem on the body of the deceased on 5.4.1997. He found about 30 injuries all over the chest and abdomen. He also found that the lungs and heart were punctured. He issued Ex.P.8, the post mortem certificate with his opinion that the deceased would have died due to stab injuries to vital organs 20 to 30 hours prior to autopsy. He also opined that the injuries found on the deceased could have been caused with a weapon like M.O.1 and that the death would have occurred immediately after sustaining injuries. P.W.10 arrested the accused on 4.4.1998 and sent him to judicial custody. Thereafter, P.W.11, the Inspector of Police took up investigation and filed the charge sheet. To prove the charge against the accused, the prosecution examined 10 witnesses and marked Exs.P.1 to P.15 and M.Os.1 to 8.