PERIYASAMY Vs. STATE

JUDGEMENT

(1.) Challenging the conviction under Section 302 I.P.C. for having committed the murder of the deceased Vennila, her husband Periyasamy, has filed this appeal.

(2.) The facts in brief, are as follows: (a) Periyasamy, the accused married the deceased Vennila two years prior to the occurrence. Within one year after the marriage, a male child was born. About five months prior to the date of the occurrence, the deceased used to complain to P.W.2 Kuppusamy, her father, P.W.3 Kullammal, neighbour and P.W.5 Pachaiammal another neighbour, that the accused has always been quarrelling and beating her and compelling her to have sexual intercourse with him frequently. When the torture became unbearable, the deceased left the matrimonial home and joined her parents. After sometime, on the intervention of Panchayatdars, the parents of the deceased sent her with the accused to live with him. Even thereafter, there used to be frequent quarrel between the accused and the deceased. Further the accused began to suspect her fidelity. (b) P.W.6 Duraisamy, a friend of the accused gave some audio casettes containing cinema songs to the accused. Since the same was not returned, P.W.6 went to the house of the accused and asked his wife for the return of the casettes. She told him that the accused was out of station. Therefore, P.W.6 went back. As soon as the accused came to the house, the deceased informed the accused about the casettes being asked by P.W.6. In the evening, again quarrel started and the accused beat the deceased. The deceased went and complained to P.W.3 Kullammal, the neighbour. (c) P.W.3 Kullammal therefore came to the house of the accused and reprimanded him. The mother of the accused also advised the accused not to beat the deceased. But the accused beat his mother also. The father of the accused, on seeing that his wife was being beaten by his son, retaliated by beating the accused. After taking food in the night, the accused asked the deceased to come and take bed with him. But she refused. Having got irritated over the refusal of the deceased, the accused planned to finish her off once for all. (d) At about 3.00 a.m. on 23.6.1996, the accused got up and put a rope on her neck and strangulated her to death and hanged her from the roof of the house. Then he went away from the house and concealed himself till 3.00 p.m. Thereafter, he came to P.W.1 Mani, Village Administrative Officer and made extra judicial confession narrating the incident. P.W.1 Village Administrative Officer recorded his statement, attested by his Assistant Shanmugam. Ex.P1 is the statement of the accused. (e) Thereupon, P.W.1 took the accused to the Police Station and handed over Ex.P1 statement and Ex.P2 endorsement along with the accused to P.W.13 Sub Inspector of Police at about 4.00 p.m. P.W.13 Sub Inspector of Police, on receipt of the same, registered a case for the offence under Section 302 I.P.C. Ex.P13 is the First Information Report. (f) On receipt of message, P.W.14 Inspector of Police, took up investigation and went to the scene of occurrence. At about 5.00 p.m., P.W.14 prepared Ex.P3 observation mahazar and Ex.P.14 rough sketch. He recovered M.O.1 rope (thaambu kayiru) from the house. He conducted inquest and examined the witnesses and Ex.P15 is the inquest report. (g) On requisition by P.W.14 Inspector of Police, P.W.9 Doctor conducted post mortem on 24.6.1996 and issued Ex.P7 post mortem certificate. She opined that the death occurred due to asphyxia because of strangulation about 48 to 72 hours prior to post mortem. (h) At about 9.30 p.m., P.W.14 Inspector of Police came back to the Police Station and arrested the accused. He requested for recording the statement of the accused under Section 164 Cr.P.C. (i) On 27.6.1996, the accused was produced before D.W.1 Judicial Magistrate. Before him, he has stated that he was not willing to give any confession statement. The said proceedings are Ex.D2. (j) P.W.14 Inspector of Police continued the investigation. His successor one Mahalingam, Inspector of Police, after completion of investigation filed the charge sheet against the accused for the offence under Section 302 I.P.C.

(3.) During the course of trial, P.Ws.1 to 14 were examined. Exs.P1 to P15 were filed and M.Os. 1 to 15 were marked. On the side of the defence, D.W.1 Judicial Magistrate was examined and Exs.D1 and D2 were marked.