VEDANAYAGAM Vs. STATE

JUDGEMENT

(1.) The sole accused, who was tried by the learned Principal Sessions Judge, Cudalore in S.C.No.38 of 2011 and convicted on 10.12.2011 for an offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo 15 days simple imprisonment, is the appellant before us.

(2.) The central figure in this case is Amsavalli (P.W.4), widow of one Sasikumar, who was courted head over heels by the appellant and the deceased. It is the prosecution case that the appellant took a separate house for Amsavalli (P.W.4) in Ragavendra City and he lived in a room in the next street and would visit her of and on. Amsavalli (P.W.4) developed intimacy with the deceased (Palanivel) and on the night of 26.11.2010, she entertained the deceased in her house and after spending some time with him, she left him to sleep in the house and after locking the main door from out side, went to the house of Kalarani (P.W.5) after midnight where she was working as house maid. At dawn, when Amsavalli (P.W.4) went to her house, she was shocked to see the body of the deceased in a pool of blood. She went and informed this to Kalarani (P.W.5). The prosecution story stops there. It begins again with coming into the picture of Radhakrishnan (P.W.1), the Village Administrative Officer, who, in his evidence, stated that on 27.11.2010 at 8 a.m., the appellant came to his office and gave a confession statement (Ex.P1) confessing to the commission of the murder of Palanivel (deceased). Radhakrishnan (P.W.1) after recording the confession statement, took the appellant to the police and surrendered him with a letter (Ex.P2). The confession statement and the letter were received by Elango (P.W.9), Sub Inspector of Police, who treated the report (Ex.P2) given by P.W.1 as complaint and registered a case in Vadalur Police Station Crime No.557 of 2010 on 27.11.2010 at 10.00 a.m. under Section 302 I.P.C. and prepared the Printed FIR, which was marked as Ex.P16. The complaint and Printed FIR reached the jurisdictional Magistrate only at 10 p.m. on 27.11.2010, as could be seen from the endorsement thereon. Investigation in this case was taken over by Subburayalu (P.W.10), who went to the place of occurrence at 11 a.m. on 27.11.2010 and prepared the Observation Mahazar in the presence of Rajavelu (P.W.3) and one Rajasekar. He also prepared a rough sketch Ex.P18. He conducted the inquest over the body of Palanivel (deceased) between 11 and 12.30 p.m. and the inquest report was marked as Ex.P17.

(3.) Based on the admissible portion of the confession statement of the appellant (Ex.P3), the investigating officer seized from the house of the appellant a broken cricket bat (M.O.1) in the presence of Radhakrishnan (P.W.1) and Rajaraman, Village Assistant (not examined) under the cover of mahazar Ex.P4. Strangely the Mahazar (Ex.P4) was prepared in the place of occurrence which is Amsavalli's house. The investigating officer seized from the place of occurrence blood stained mat (M.O.4), blood stained pillow (M.O.5), blood stained turkey towel (M.O.6) and blood stained quilt (M.O.7) under the cover of mahazar Ex.P7. The dead body was sent to District Head Quarters Hospital, Cuddalore for post mortem, where Dr.Ramalingam (P.W.7) performed autopsy on the body and issued the post mortem certificate (Ex.P12). Dr.Ramalingam (P.W.7) in his evidence before the Court as well in the post mortem certificate (Ex.P12) has given the following final opinion: