RANGANATHAN Vs. STATE

JUDGEMENT

(1.) ONE Ranganathan, single accused in S.C.No.234 of 2000 on the file of Principal Sessions Judge, Erode questioning the conviction and sentence of imprisonment for life under Section 302 IPC, has filed the above appeal.

(2.) THE case of the prosecution is briefly stated hereunder: THE deceased Kannammal is the wife of the accused. THEir marriage took place 10 years prior to the date of occurrence. THEy had begotten two male children. THE accused got suspicion about the illicit intimacy between the deceased and PW.7, due to which, the deceased was living with her parents' house at Tiruppur and she was working in a Banian Company. On 26.05.2000, the accused left for Tiruppur in his TVS 50 moped, met his wife / deceased at the bus stand and requested her to visit Perundurai to see their son. On their way to Perundurai around 11.00 p.m., they reached the unmanned Railway level crossing at Pungampaddi. At that time the accused took an Aruval MO.1 and committed the murder of his wife. (a) On 27.05.2000, at about 12.00 noon, PW.2 (Village Menial) heard the news and came to the scene of occurrence at about 12.15 p.m., and thereafter he reported the matter to the VAO (PW.1). Both of them came to the scene of occurrence and thereafter PW.1 (VAO) went to Perunthurai Police Station and gave a complaint - Ex.P.1. PW.17 Sub-Inspector of Police received the complaint and registered a case under Section 302 IPC on 27.05.2000. (b) On information, the Inspector of Police (PW.20) reached the police station at about 4.30 p.m., and received the printed F.I.R. and took up the investigation. At 5.00 p.m., he came to the scene of occurrence, and in the presence of witnesses prepared observation mahazar (Ex.P.2) and Rough Sketch (Ex.P.25). He caused the scene to be prohotographed through PW.4. THEreafter, PW.20 conducted inquest over the body of the deceased. PW.1, PW.2 and Prakash, Muthusamy, Loganathan, Selvam, Arumugam, Syed Gujrathullah, Periyasamy and Perumal were examined during inquest. Ex.P.27 is the inquest report. PW.20 gave requisition for postmortem through PW.15 (Police constable) and directed him to keep the dead body in the Government Hospital, Erode since the identity was not known. THEreafter, PW.20 seized blood stained earth (MO.2) and sample earth (MO.3). Further, PW.20 seized MO.1 Aruval and MO.5 Bus ticket from the scene of occurrence under Ex.P.3 attested by PW.2. (c) PW.11 Doctor attached to the Government Hospital, Erode on receipt of Ex.P.8 requisition for postmortem, started autopsy at 11.30 a.m., on 28.05.2000 and found the following 11 injuries. " 1. A cut injury of 15cm length x 7cm x bone deep starting from the lateral end of the right mandible to the back of the neck. 2. A cut injury of 6cm x 3cm x 4cm present 2 cm below the No.1 injury right side to the neck.

(3.) A cut injury of 6cm x 3cm x bone deep over the right side of the occipital region.