NAGARAJAN Vs. STATE

JUDGEMENT

(1.) THE sole accused, who stood charged, tried, found guilty as per the charge under Sec. 302 of I. P. C. and awarded a life imprisonment by the Court of Principal Sessions Division, Nagapattinam, has brought forth this appeal.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: THE deceased Sevagamoorthy was the husband of P. W. 1. P. W. 2 is the daughter of P. W. 1. THEy were all living on the South Street at THEvoor Village . THE deceased never used to go for any work or earn, but used to come in a drunken mood and quarrel with the family members. While the matter stood thus, just 10 days prior to the date of incident, he beat P. Ws. 1 and 2, and hence, they went out of the house and were living in the house of one Kalyani, which is situated opposite to their house. THE matter was reported to the accused and one Vanchinathan. Both of them questioned the deceased about his conduct. In reply, the deceased informed them that it was exclusively their family affair in which they should not interfere. THE accused got enraged over the words of the deceased.

(3.) PENDING the investigation, on 19. 1. 1999 at Noon, the accused was arrested by the Investigating Officer. He volunteered to give a confessional statement. The same was recorded. Ex. P2 is the admissible part of the said statement. Pursuant to the same, he produced M. Os. 3 and 4, a dothi and a shirt respectively. They were also recovered under a mahazar, Ex. P3. All the material objects recovered from the place of occurrence, from the dead body and from the accused on confession, were subjected to chemical analysis, pursuant to a requisition given by the Investigating Officer. The Chemical Analyst's report, Ex. P14, and the Serologist's report, Ex. P15, were received by the committal Court. On completion of investigation, the final report was filed by the Investigating Officer.