KRISHNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgement and order dtd. 30/8/2019 passed by the Sessions Judge (Fast Track Mahila), Namakkal in S.C.No.32 of 2016 convicting and sentencing the appellant in the following manner:- <IMG>JUDGEMENT_402_LAWS(MAD)1_2023_1.jpg</IMG>

(2.) The case of the prosecution is that the deceased Mallika married the appellant and through the wedlock, they had two sons. The deceased Mallika was doing flower business and the appellant was a plumber. Further case of the prosecution is that the appellant became addicted to alcohol and was not going for work regularly and he used to pick up quarrel with the deceased Mallika, demanding for money for consuming alcohol. Thereby the deceased was subjected to cruelty. On 16/3/2015 at about 06.00 p.m., the appellant demanded money from Mallika and Mallika refused to part with any money. The appellant was enraged and he caught hold of the neck of the deceased Mallika and banged the head of the deceased against the wall forcibly and pushed down the deceased. Thereafter, the appellant is said to have attacked the deceased with a jumper bit (M.O.1). Initially, the deceased was rushed to Tiruchengode Government Hospital for treatment and after first aid, she was shifted to Salem Government Hospital for specialized treatment where she succumbed to injuries on 18/3/2015 at about 09.15 p.m.

(3.) P.W.1 - Manickam is the father of the deceased. He was informed about the incident by P.W.2-Susila and immediately, P.W.1 rushed to Mallika's house and found her lying in the floor with injuries on her head and all over her body. P.W.1 took Mallika to Tiruchengode Government Hospital in an ambulance and thereafter, the deceased was shifted to Salem Government Hospital. When the deceased was treated in Salem Government Hospital, an information was conveyed to the Tiruchengode Town Police Station and a statement was recorded from P.W.1 regarding the incident and the same was reduced into a complaint (Ex.P1) on 17/3/2015 at about 16.00 hours. An FIR (Ex.P9) was registered in Crime No.113 of 2015 for offence u/s 307 of IPC. On the demise of Mallika, an alteration report (Ex.P11) was filed before the Judicial Magistrate, Tiruchengode and the offence was altered to Ss. 498-A and 302 of IPC. P.W.12 the Spl. SubInspector of Police, received the information when he was at Tiruchengode Town Police Station and he was the one who recorded the complaint given by P.W.1. P.W.13 took up the investigation and he went to the scene of crime on 17/3/2015 at about 04.30 p.m. He prepared an observation mahazar (Ex.P3) in the presence of P.W.5-Vijayakumar and another witness viz., Karthikeyan (not examined). In the course of investigation, he arrested the appellant on 17/3/2015 at 06.15 p.m. and the appellant was remanded to judicial custody.