MANIKANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant/accused has filed this Criminal Appeal challenging the judgment, dated 03.11.2011 in S.C.No.157 of 2008 on the file of the Additional District and Sessions Court (Fast Track Court No.3), Kallakurichi, in and by which, he was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment and fine of Rs.5,000/-, in default, six months' rigorous imprisonment.

(2.) The case of the prosecution is that the appellant (hereinafter referred to as the accused) and the deceased were husband and wife. The accused and deceased resided at Thottiyam Village. The deceased was in advanced stage of pregnancy and she used to take food at her mother (P.W.2)'s house, while accused would do so at his maternal uncle's house. Illicit relationship developed between the accused and P.W.9, the maternal uncle's wife. Having witnessed an episode, the deceased admonished the accused. Towards saving himself from disgrace, the accused decided to do away with her. At about 9.30 p.m. on 26.04.2007, deceased had food at her mother (P.W.2)'s house and accompanied by P.W.2, had gone over to the house of the accused. The accused opened the door and took the deceased inside. At around 4 a.m. the next day, the accused strangulated the deceased to death.

(3.) P.W.1, father of the deceased, preferred a complaint at Chinna Salem Police Station on 27.04.2007 at about 12.30 p.m., P.W.18, Sub-Inspector of Police registered the complaint in Crime No.227 of 2007 under Section 174(3) Cr.P.C. and prepared Ex.P-10 FIR. P.W.17, the Revenue Divisional Officer prepared Ex.P-9 report. P.W.19 Deputy Superintendent of Police initially took up investigation as the deceased had died within seven years of her marriage. He went to the scene of occurrence and prepared observation mahazar and rough sketch. After conducting inquest, he examined witnesses Pandian, Sumathi, Ponnappillai, Ramamurthi, Raji, Ganesan, Chinnasamy and recorded their statements. On 03.05.2007, he examined Dr.Indhumathi, who conducted post-mortem and recorded her statement. On being satisfied that the death was not dowry related, he handed over investigation to P.W.20, Inspector of Police. P.W.20 conducted further investigation and on 04.05.2007, he went to K.R.Hospital and examined Dr.Gandhiraj and recorded his statement. He also examined Rajamanickam, S/o Ilayaappillai, Mariapillai, Vasudevan and recorded their statements. On 04.05.2007, he altered the offence into one under Section 302 IPC and sent the report to officials and Court. He arrested the accused on 04.05.2007 at about 12 noon near Suniamur Koot Road and recorded the confession statement before the witnesses Ganesan, VAO and Chinnasamy, Village Assistant, who also attested the confession statement. He sent the accused for judicial custody. On 05.05.2007, witnesses Subramanian, Gomathi were examined and their statements were recorded. On 09.05.2007, statements were recorded under Section 164(1) Cr.P.C. and the same were sent to Judicial Magistrate, Villupuram. On the basis of the same, Sankarapuram Judicial Magistrate recorded the statements of the witnesses Pandian, Sumathi, Ramamurthi, Ponnappapillai on 17.05.2007 and on 16.06.2007, he recorded the statements of Dr.Indhumathi, Kallakurichi Government Hospital and Dr.Selvarani, Assistant Director, Dr.(Tmt).Parasakthi, Chengalpet Doctor and also examined and recorded the statement of Natarajan, Police Constable. He concluded his investigation and filed charge sheet on 21.06.2007 for offence under Section 302 IPC.