SUDALAIMANI Vs. STATE

JUDGEMENT

(1.) The sole Accused who has been convicted and sentenced to undergo Imprisonment for Life and pay a fine of 71,000/-, in default to undergo six months' Rigorous Imprisonment for the offence under Section 302, I.P.C., and sentenced to undergo 4 years' Rigorous Imprisonment and pay a fine of 7500/, in default to undergo 3 months' Rigorous Imprisonment for the offence under Section 326, I.P.C. by the Additional District and Sessions Court [FTC-I, Chengalpattu], in S.C. No. 122/2009 on 22.10.2010, is the Appellant before this Court. It is the case of the prosecution that Sudalaimani, the Accused herein, is the husband of the deceased Shanmughasundari. They have a daughter Yogeshwari-PW2 and son Panneerselvam-PW3. The Accused used to suspect the fidelity of his wife and would quarrel with her. On the fateful day, i.e. on 17.10.2008 around 10.00 p.m. while the deceased was lying down in the house, the Accused fatally attacked her with a knife and in the course of the same transaction, he also attacked his daughter Yogeshwari-PW2 with an intention to kill her. On hearing the cries emanating from the house of the Accused, Paranthaman-PW1, who lives opposite the house of the Accused, came to the house of the Accused and through the window saw the Accused attacking his wife. Since the house door was locked from inside, Paranthaman-PW1 used a grinding stone-M02 to break open the house door and entered the house. He was also attacked by the Accused. Paranthaman-PW1 sent Yogeshwari-PW2 with his wife Prabavathy-PW4 and one Kesavan-PW7 to the Hospital for treatment. Later P.W. 1 also went to the Hospital and got treated for the injuries he sustained.

(2.) Mr. R. Sankarasubbu, the learned Counsel for the Appellant vehemently contended that the prosecution had failed to prove that the Accused had committed the murder of his wife Shanmughasundari, as there are no direct evidence to that effect. Paranthaman-PW1 in his evidence stated that he lives opposite the house of the Accused and knew the Accused, the deceased and their children well. He is owner-cum-driver of a taxi. On 17.10.2008, around 10.00 p.m., while he was returning to his house from work, he heard shouts. He went to the house of the Accused to find out the reason. His wife Prabavathy-PW4 also joined him. Through the window they saw the Accused attacking his wife with a knife. Paranthaman-PW1 and Prabavathy-PW4 shouted at the accused to stop the attack and banged the door. Since the door was locked from inside, Paranthaman-PW1 took a grinding stone-M02 and broke open the rear door and gained entry. The accused was continuing to attack Shanmughasundari and also attacked his daughter Yogeshwari-PW2. When Paranthaman-PW1 intervened, he was also attacked and he sustained injuries in his right hand. The Accused threatened to kill Paranthaman-PW1 also if he intervened. When the Accused menacingly advanced, P.W. 1 ran out of the house. After the dastardly act, the Accused left the house. P.W. 1 sent Yogeshwari-PW2 with his wife Prabavathy-PW4 and one Kesavan-PW7 to the Hospital for treatment. P.W. 1 has stated in his evidence that he also went to the Government Hospital, Chrompet for treatment. He deposed to the effect that he went to the Police Station and lodged a Written Complaint [Ex. P1] and also identified the knife-MO1 that was used by the Accused and the grinding stone-M02 that was used by him to break open the door of the house. In the cross-examination of Paranthaman-PW1 he stated that, while he was returning home around 10 o'clock, quarrel was going on in the house of the Accused. He further stated that he first went to the Hospital and only thereafter, he went to the Police Station and gave the Complaint.

(3.) Prabavathy-PW4 the wife of Paranthaman-PW 1 gave evidence corroborating P.W. 1 on certain aspects though she has not stated in the chief-examination that she saw the Accused attacking Shanmughasundari. She also stated that she saw through the window the Accused attacking her husband-Paranthaman-PW1 when he went inside the house. She stated that she took Yogeshwari-PW2 for treatment to the Hospital. In the cross-examination she stated that the quarrel was going on for about 15 minutes. The defence was not able to make serious dent in the evidence of Paranthaman P.W. 1 and his wife Prabavathy-PW4.