PRINCIPAL SESSIONS JUDGE Vs. STATE

JUDGEMENT

(1.) Marimuthu, Single accused in Sessions Case No. 227 of 2000 on the file of Principal Sessions Judge, Virudhunagar District at Srivilliputhur is the appellant before us. He was charged for murdering three people, and for attempting to murder three more people on 1-5-1999. He faced trial on the said charges and convicted and sentenced to death for offence under Sections 302 I.P.C., (3 counts); seven years R.I. for each count for offence under section 307 I.P.C.(3 counts); and three years R.I. for offence under Section 449 I.P.C. on 06-02-2004 by the Principal Sessions Judge, Virudhunagar District at Srivilliputhur. On the reference made by the learned District Judge, both the Reference and Appeal were heard together.

(2.) For convenience, the parties are referred herein as described in the trial Court. The case of the prosecution is briefly stated hereunder: (a) The accused is a native of Thiruvannamalai village, Srivilliputhur Taluk, Virudhuangar District. He was married to one Perumal Ammal (third deceased-in short "D3"), Ramalakshmi (P.W.31) and Murugeswari (P.W.1). He wanted to marry another lady by name Lakshmi (P.W.13), who happened to be none other than the sister of D3, fourth time. The accused considered the presence of P.W.1 i.e., his third wife as a stumbling block to his wishes and therefore he decided to finish her off. In the course of events, the accused ended up murdering three people and severely injuring three more. b) On 01-05-1999, around 3 P.M., the accused picked up quarrel with P.W.1 stating that she is the stumbling block in his not being able to marry P.W.13. In the course of arguments, the accused attacked P.W.1 with Aruval (M.O.4). When one Vellayammal (1st deceased-in short "D1"), who is the mother of P.W.1 intervened, she was brutally injured and she succumbed to the injuries on the spot. c) Thereafter, the accused went to the house of Thangaia Pillai (Deceased No.2-in short "D2") who is the father of D3 and P.W.13-Lakshmi. There he picked up a quarrel, in the course of which he attacked D2, P.W.12,Muthuveerammal and P.W.13-Lakshmi. D3, who intervened at that time, was brutally attacked by the accused. D3 also succumbed to the injuries on the spot. P.w.19 arranged for a van to transport the injured to the Hospital at the request of P.W.13. P.W.12, P.W.13, D2 and P.W.1 were transported in the van to the Srivilliputhur Government Hospital. On the basis of information received through telephone, P.W,.50-Sub Inspector of Police, Srivilliputhur Town Police Station, rushed to the hospital and recorded the statement of P.W.1. First Information Report was recorded at the hospital itself. Thereafter, around 7 P.M. P.W.50 returned to Police Station and registered a case in Crime No. 434/1999. A copy of First Information Report was sent to Judicial Magistrate No.2 through P.W.48, Head Constable and it reached the Judicial Magistrate No.2 at 23.30 hours on 01-05-1999. P.W.49 is the investigation officer. P.W.50 conducted inquest on D1 and D3 on the night of 01-05-1999 and thereafter in the early hours on 02-05-1999 he conducted inquest on D2 whose body was in the Srivilliputhur Government Hospital. d) The accused was arrested on 19-5-99. He gave a voluntary confession statement, pursuant to which M.O.4-Aruval and other Material Objects were recovered. Blood-stained objects were sent for Serologist report.

(3.) The prosecution has examined as many as 50 witnesses as P.Ws.1 to 50, marked documents-Exs. P-1 to P-39 and produced M.Os.1 to 43. On the side of the accused, no one was examined and no documentar was marked.