RAMASWAMY NADAR Vs. STATE

JUDGEMENT

(1.) THE condemned prisoner in the referred trial who is appellant in C. A. 860 of 1963 (hereinafter referred to as appellant) has been convicted by the learned Sessions Judge, Salem Division, for the offence of murder and sentenced to death under Section 302 I. P. C. for having murdered his wife Muthayee by stabbing her with a knife at 9-30 a. m. on 19-4-1963, while she was going to Singalandapuram from Palanimoopanur. In the Sessions court, including the appellant, five persons were charged and tried for the offence punishable under Sections 147, 148, 302 and 302 read with Section 149 I. P. C. Accused 1 to 4 are brothers and the 5th accused is the son of the second accused. All of them are residents of Palanimoopanur. The case for the prosecution that the other accused formed themselves into an unlawful assembly and assisted the appellant in committing the offence, was not accepted by the learned Sessions Judge and they were acquitted by him. We are, therefore, concerned only with the case of the appellant.

(2.) THE brief facts, according to the prosecution are as follows. The deceased Muthayee who was the daughter of Paratrayan (P. W. 1) was married to the appellant about 6 years back and they lived happily for over 5 years, and about 3 1/2 years back a boy was born of this marriage. But in Karthigai 1962, Muthayee went to Bangalore eloping with one Kannayan and returned to the village after 25 days. Naturally disputes arose between the husband and the wife, and, at the village panchayat it was decided by the village Panchayatdars that the marriage between the appellant and. Muthayee should be dissolved, that the boy should remain with Muthayee, that, in respect of the property purchased in the name of the appellant, he should convey it to Muthayee's father (P. W. 1) and that the latter should pay a sum of Rs, 350 to the appellant in connection with the same. In pursuance of the Panchayat, a deed of dissolution was executed, and two promissory notes were exchanged between the appellant and P. W. 1 in regard to conveyance of the property to P. W. 1 by the appellant. On 19-4-1963, the deceased as well as her father, V, W, 1, set out to Singalandapuram at 9 a. m. to purchase some articles for the grocery shop of P. W, 1. Muthayee went first, and her father joined her sometime later after answering calls of nature in a pit nearby. Muthayee was carrying her son with her and also a hand bag, M. O. 2, while her father, P. W. 1, carried with him a gunny bag, M. O. 1 and a cash of Rs. 57. While P. W. 1 was easing, he got up and saw Muthayee proceeding along the road, to the south of one Raja Goundan's land. Immediately he observed the appellant running from the fence of Raja Goundan's land and stabbing Muthayee on her back with a knife (M. O. 3) after catching hold of her tuft. P. W, 1 heard Muthayee crying out and falling down. By that time, the other accused. 2 to 5 came running from the fence. The second accused caught hold of the head of Muthayee, the third accused sat on her legs and the appellant : stabbed Muthayee several times with the knife M. O. 3. When P. W. . 1 and P. W. 2 (Sakkari) attempted to go near the scene of occurrence with a view to rescue Muthayee, the 4th and 5th accused stood at some distance and threatened them, with the result the two witnesses had to stop on the way. After stabbing Muthayee, all the accused left the scene and ran away.

(3.) SHORTLY thereafter, P. W. 1 and P. W. 2 went to Muthayee, and, she told them that she had been stabbed by her husband and brothers-inlaw. P. W. 2 bandaged the wounds on her abdomen and also gave her some water. But she died immediately after taking water The father of Muthayee, (P, W. 1) gave the first information report, Ex. P. 6, to the village munsif at 11-45 a. m. At 12-30 p. m. on the same day, the appellant appeared before the Station writer of Belukurichi police station with the knife, M. O. 3, and gave a statement before him. The police registered the case and the usual investigation and inquest were conducted. The doctor, P. W. 4, who conducted post mortem examination submitted post-mortem certificate (Ex. P 7) from which it is clear that Muthayee died of several fatal injuries on account of stabbing and whoever inflicted those injuries was clearly guilty of the offence of murder punishable under Section 302 I. P. C.