RAJAGOPAL Vs. STATE

JUDGEMENT

(1.) The appellant, who hereinafter will be referred to as the accused for the sake of convenience, was tried before the Second Additional Sessions Judge, Erode, in Sessions case No. 97 of 1995. The accused was tried under Sections 302 and 201 IPC and the allegation against him is that at 9.30 p.m. on 1-11-1990, he caused the death of his wife Mahapackiam by beating her and after she fell down unconscious, the accused, thinking that she is dead, hanged her to the roof to make it appear that it is a case of suicide. The earned Sessions Judge, after accepting the prosecution version, convicted and sentenced he accused to imprisonment for life for the offence of murder and for the offence under Section 201 IPC, he was sentenced to rigorous mprisonment for one year and to pay a fine of Rs. 1,000/- with a default sentence of six months, rigorous imprisonment. Hence, the present appeal.

(2.) P.W. 1 is the father of the deceased and P.W. 2 is the neighbour of the deceased. The deceased and the accused got married five years prior to the date of incident. The accused is distantly related to P.W. 1 at the time of marriage, the accused was eking his livelihood by selling bangles and his father was selling betel leaves. At the time of marriage, the father of accused was living in Dharapuram and after the marriage, the accused and the deceased were living at Chettikurichi, a village where P.W. 1, was living. After sometime, they migrated to Dharapuram and started living with the father of the accused. They lived happily for about six months and the deceased became pregnant. The deceased was brought to Chettikurchi and a girl child was born. After the birth of the child, the accused and his father accompanied by the relatives, went to the house of P.W. 1 and wanted to take the deceased to Dharapuram. P.W. 1 did not agree to the said proposal and the accused and his relatives went away after quarrelling with P.W. 1. After six months, the accused returned to the house of P.W. 1 and after promising him that he will live peacefully with his wife, took her and the child to Dharapuram and setup a separate residence. Though the accused promised his father-in-law, P.W. 1, that he will lead a peaceful life with his wife, he did not do so and started illtreating her. She was beaten on several occasions and on one occasion her hand and nose were broken. The deceased was complaining about the conduct of her husband to her father, P.W. 1. The accused was also drinking and was having illicit relationship with other women. The deceased became pregnant for the second time. P.W. 1 brought the deceased to Chittikurchi and she was residing there alongwith her father. A child was born and six months thereafter, the deceased was sent to the house of the accused, who was by then doing some business. The accused though was doing some business, was not giving sufficient money to manage the affairs of the family and therefore, the deceased had to borrow from several persons. The accused also sold away the jewels gifted by P.W. 1 to her daughter and spent the amount obtained by such sale. He was also quarrelling with his wife and one month prior to the date of incident, the deceased went to Chettikurchi and stayed with her father for the Deepavali festival. After the festival, she left for her husbands house.

(3.) In the meantime, at Dharapuram, P.W. 2, the neighbour of the deceased, while he was sleeping in his house, was woken up by the accused. He questioned the accused and the accused told him that his wife has committed suicide. The accused took P.W. 2 to his house and P.W. 2 found the deceased hanging from the roof of the house, P.W. 2 left the house and went away. The accused, thereafter, proceeded to Dharapuram Police Station where he gave a complaint, Ex.P-7, to P.W. 6, the Sub-Inspector of Police, at 9.00 a.m., which was registered as a case in Crime No. 576 of 1990 under Section 174 Cr.P.C. Investigation in the Crime was taken up by P.W. 7, the Deputy Superintendent of Police.