MAHESH Vs. STATE

JUDGEMENT

(1.) The Appellant (A1) in Crl.A.No.551 of 2000 was convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.2,000/-, failing which to suffer rigorous imprisonment for two months and the appellant (A2) in Crl.A.No.533 of 2000 was convicted for the offence under Section 302 read with Section 109 IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.2,000/- failing which to suffer rigorous imprisonment for two months.

(2.) The case of the prosecution in brief is as follows: a) The deceased Dr.Kalidoss was having his clinic at Hospital Road, Thiruthuraipoondi. P.W.1 Sivakalai is his wife. P.W.3 Rathnam is his younger brother. The deceased was working as a Medical Officer in Government General Hospital at Thiruthuraipoondi. He was running his private clinic, which is situated next to his house. b) A1 Parimaladevi was working as a Nurse and A2 Mahesh was working as a Compounder-cum-Assistant in the clinic of the deceased Dr.Kalidoss. c) On 14.04.1999, the deceased Dr.Kalidoss took A1 Parimaladevai to Temple Tower Hotel at Thanjavur and stayed there for a night and committed rape on her. On the very next day morning, i.e. on 15.4.1999, A1 came to the house of deceased and complained to his wife P.W.1 Sivakalai that her husband raped her. She further insisted that the deceased should marry her. However, both the deceased Dr.Kalidoss and P.W.1 refused to accept her demand. Refusing to leave, A1 remained in the house of the deceased itself for three days and thereafter, she was taken by her mother. Some days later, A1 came back to the clinic and continued to work there as a Nurse as usual. d) The fateful occurrence had taken place on 26.4.1999 at about 8.45 p.m. On hearing the alarming sound from the clinic, P.W.1 Sivakalai and P.W.3 Rathnam and other witnesses rushed to the clinic to see what was happening. They saw the smoke emanating through the door of the down portion of the clinic and the consulting room of the deceased remain closed. The people who gathered there broke open the window glasses and entered into the room. At that time, they saw A1 Parimaladevi coming out of the room through the western door. The deceased Dr.Kalidoss was found in the flames. Immediately, he was taken to another private clinic at Thiruthuraipoondi. e) P.W.10 Dr. Abu Hanifa gave first aid and thereafter, the deceased was taken to the Medical College Hospital at Thanjavur. P.W.1 Sivakalai followed the ambulance van but on the way to Tanjore near Mettupalayam, the deceased died. Then, the body was taken to the Government Hospital at Thiruthuraipoondi at 10.00 p.m. f) Thereafter, suspecting the involvement of A.1 and A.2, who were working as Nurse and Compounder respectively in the clinic of the deceased, P.W.1, the wife of deceased Dr.Kalidoss gave a complaint Ex.P.1 to P.W.23, the Sub Inspector of Police at 11.00p.m. g) P.W.23, the Sub Inspector of Police registered the case for the offence under Section 302 IPC and prepared First Information Report Ex.P.22 against both the accused. h) P.W.24, the Inspector of Police, after receiving the message, took up the matter for investigation and went to the scene of occurrence and prepared Ex.P.5 observation mahazar and Ex.P.23, rough sketch, recovered M.Os. 1 to 19 and conducted inquest over the dead body on 27.4.1999 between 9.00 a.m. and 12.30 p.m. Ex.P.24 is the inquest report. Thereafter, the body was sent for conducting post-mortem. i) P.Ws.14 and 15,doctors conducted post-morterm and they noticed 100 per cent burn injuries all over the body. They opined that the deceased would have died on account of suffocation due to extensive burns. Ex.P.15 post-mortem certificate. j) In the meantime, A1 appeared before P.W.5, the Village Administrative Officer and gave Ex.P.4 extra-judicial confession stating that on the advice of A2 she poured kerosene mixing with nitric acid and set fire to the deceased. k) P.W.5 produced the first accused in the police station along with a covering letter Ex.P.3 to P.W.24, the Inspector of Police. P.W.24 arrested A1 and sent her for judicial custody. A2 was also arrested and sent for judicial custody. l) P.W.24 made arrangements to send the material objects for chemical examination. After finishing the investigation, he filed the charge sheet against both the accused for the offence under Sections 302 and 109 I.P.C.

(3.) During the course of trial, the prosecution examined 26 witnesses, filed Exs.P.1 to P.27 and marked M.Os. 1 to 19.