TAMILSUNDAR Vs. STATE

JUDGEMENT

(1.) The appellant was the sole accused in S.C.No.266 of 1998 on the file of the Principal Sessions Judge, Chengalpattu, who convicted him to undergo imprisonment for life for offence under Section 302 I.P.C. Hence, this appeal.

(2.) The brief facts of the prosecution case are as follows:- (i) The deceased Shanthi was the second wife of the accused. The first wife of the accused, P.W.3 Kala @ Kalaiyarasi, is the elder sister of the deceased. They were residing at No.5, G.S.T. Road, Tambaram Santorium, Madras, as a tenant under P.W.1 Ponnusamy. They occupied the house a few days more than one month prior to the occurrence. The accused was a car driver and the deceased was working in MEPS company at Santorium. The accused has children through both the wives. The deceased Shanthi was demanding the accused to arrange for a separate house for her living with the accused. On 13.08.1997, at about 05.00 p.m., P.W.3 the first wife of the deceased left the house leaving the children outside, to see her friend. The accused and the deceased alone were present inside the house. P.W.1 Ponnusamy and his wife P.W.2 Govindammal saw a smoke emanating from the window of the house of the accused. They went there and found the door locked from inside. They tried to open the door, but they could not do so. P.Ws.1 and 2 and other persons, who came there, kicked the door, broke open the same and found that the accused was standing inside. The accused prevented them from going inside. When P.Ws.1 and 2 and others went inside the house, they saw the deceased Shanthi burning with flames. The accused prevented them even from extinguishing the fire on the body of the deceased. However, they extinguished the fire. Immediately, P.W.1 went to the Police Station and gave a complaint, Ex.P.1, at 06.30 p.m. (ii) P.W.8 Sukumaran, Inspector of Police, Tambaram Police Station, received Ex.P.1 complaint from P.W.1 and registered a case in Crime No.1287 of 1997 under Section 174 Cr.P.C. (suspicious death). He prepared Ex.P.11 printed First Information Report and forwarded both Ex.P.1 and Ex.P.11 to P.W.5 the Sub-Collector, Chengalpattu to conduct inquest, and the copies to the superior officials. He also sent the original complaint to the concerned Judicial Magistrate. (iii) P.W.5 the Sub Collector, Chengalpattu, went to the Government Hospital, Chengalpattu, on 14.08.1997, where the death body of the deceased was kept in mortuary. She conducted inquest on the body of the deceased between 4.00 p.m. and 6.00 p.m. in the presence of witnesses and panchayathars. She recorded the statements of P.W.1 Ponnusamy, P.W.3 Kala @ kalaiarasi-the first wife of the deceased and Mukilarasi-the daughter of the accused and P.W.3. Ex.P.3 is the statement given by P.W.1 and Ex.P.4 is the statement given by P.W.3, to P.W.5 the Sub Collector. The inquest report prepared by P.W.5 the Sub Collector is Ex.P.2. She gave a requisition to conduct postmortem on the body of the deceased. She also gave a report, Ex.P.5, to P.W.7, the then Deputy Superintendent of Police, St. Thomas Mount, Madras, stating that the death was not due to any dowry demand. Ex.D.1 is the statement recorded by her from the deceased. (iv) P.W.7 the Deputy Superintendent of Police took up investigation, prepared Ex.P.8 observation mahazar, drew Ex.P.9 rough sketch and also arranged for taking photographs of the scene of occurrence. He seized M.O.1 plastic cane, M.O.2 lid of white plastic cane, M.O.3 home lights match box, M.O.4 scissors packet, M.O.5 pillow with white cover and M.O.6 pillow with red and yellow cover under a cover of mahazar Ex.P.10. He examined P.W.1, P.W.2 and P.W.5 and some others. He transferred the investigation to P.W.8 the Inspector of Police. (v) P.W.4 Gopi took photographs of the scene of occurrence, M.O.7 series, and the negatives are M.O.8 series. (vi) P.W.6 Dr.Saravanapava, Assistant Surgeon, attached to the Government Hospital, Tambaram, conducted autopsy on the body of the deceased at 1.00 p.m. on 15.08.1997 and found the following injuries:-

(3.) On the side of the prosecution, P.Ws.1 to 8 were examined, Exs.P.1 to P.12 were filed and M.Os.1 to 8 were marked. On the side of the accused, D.Ws.1 to 3 were examined and Exs.D.1 and D2 were filed.