LAWS(MAD)-2003-3-50

HARICHANDRAN ALIAS SARAVANAN Vs. STATE

Decided On March 12, 2003
HARICHANDRAN SARAVANAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In this appeal, the appellant assails the judgment of the learned Principal Sessions Judge, Krishnagiri at Dharmapuri, dated 26.8.1996 in Sessions Case No.43 of 1992, convicting him for the offences punishable under Sections 304 Part I and 307 I.P.C. and sentencing him to undergo rigorous imprisonment for five years and three years for the said offences respectively, directing both the sentences to run concurrently, for having caused the death of his wife, Dayawathi, and for having attempted to murder P.W.4.

(2.) According to the prosecution, a lascivious relationship between P.W.4 and Dayawathi (deceased), who is nonetheless the wife of the accused, was the motive behind the crime in question, as spoken by the Village Administrative Officer (P.W.1), the paramour of the deceased (P.W.4), the father of P.W.4 (P.W.7) and the Investigating Officers (P.Ws.10 and 11). However, it is trite law that a mere existence of such motive, by itself, is not sufficient to determine the criminal character of an accused, as the prosecution is bound to prove the charges against the accused beyond all reasonable doubts, failing which, the accused is entitled to be acquitted.

(3.) The sheet-anchor of the case of the prosecution is the extra-judicial confession statement (Ex.P1) said to have been made by the accused before the Village Administrative Officer (P.W.1), in the presence of one Muniyan, at 6.30 a.m. on 17.5.1989 at Pannaikulam Village, which is 2 Kms. away from the place of occurrence, namely, Kittampatti Village, stating that the accused had pushed his wife Dayawathi (deceased) and the paramour of the deceased (P.W.4), into a well belonging to P.W.4, at about 10.30 p.m. on 16.5.1989.