JAFFAR ALI Vs. STATE

JUDGEMENT

(1.) THE appellant, who is the sole accused in Sessions Case No. 161 of 1997 on the file of the learned II additional Sessions Judge, Coimbatore, stands convicted on a charge of murder. THE allegation against him in the said charge is that at 11. 30 p. m. on 18. 11. 1995, on account of a quarrel with his wife Jeenath Nisha, he threw a lighted chimney lamp on her and that on account of it, she sustained burn injuries and died on 11. 12. 1995 at 4. 30 p. m. at the Government Hospital , Mettupalayam, where she was undergoing treatment. THE learned trial Judge, finding the appellant guilty, sentenced him to undergo imprisonment for life. Hence, the appeal.

(2.) THE facts can be briefly stated as follows:- THE deceased is the wife of the appellant and P. W. 2 is the elder brother of the deceased. P. W. 3 is the daughter of the deceased and the appellant and P. W. 4 is the son of the deceased and the appellant. THE appellant and the deceased were married about 10 years prior to the date of incident. THE appellant used to take drinks and there used to be quarrels between him and his wife Jeenath Nisha, who is the deceased in this case. THE deceased used to go to her parents house and she used to be sent back to her matrimonial home after pacification. P. W. 2 used to give her money. While the deceased and the appellant were residing at Flower Market at Coimbatore for about three months, the neighbours complained to the family members of the deceased that the appellant is harassing and beating his wife. THEy also advised the family members of Jeenath Nisha to take her back from the appellant's house. While the matter stood thus, at about 11. 30 p. m. on 18. 11. 1995, P. W. 1, a neighbour was informed by Geetha, another neighbour of the appellant, that jeenath Nisha has sustained burn injuries and she must be removed to the hospital. THEreafter, the appellant, P. W. 1 and Geetha took Jeenath Nisha to a private nursing home, but as there was no doctor, she was taken to the Government Hospital , Tiruppur, where she was examined by P. W. 8, the Medical Officer, at 1. 15 a. m. She was admitted as an in-patient. After the admission of Jeenath Nisha, the Medical Officer sent an intimation, Ex. P. 5 to the police authorities at Mettupalayam Police Station. He also sent a requisition, Ex. P. 3, to the Magistrate to go over to the hospital to record the statement of the injured Jeenath Nisha.

(3.) 00 p. m. inquest over the dead body was conducted at the hospital by chandramohan Babu and Ex. P. 18 is the Inquest Report. After the inquest, the requisition, Ex. P. 6 was issued by him to the doctor to conduct autopsy and the body was handed over to P. W. 10, the police constable. 7. On receipt of the requisition, Ex. P. 6, P. W. 9, the Civil Assistant Surgeon attached to the Government hospital, Mettupalayam, conducted autopsy and found the following injuries:- Appearances found at the post-mortem:- Moderately nourished body ofa female skin burnt with superadded infection greenish slough all over the burnt skin. Foul smelling. RM present in all four limbs. Jaw clenched. Teeth within the mouth. Internal Appearance:- Hyoid Bone - Intact. Thorax:- Lungs:- Congested and brownish. Heart:- Pericardium congested. Heart had 100 ml clotted blood. Abdomen: Stomach contained 50 - 100 ml partially digested food particles. Congested. Spleen: Congested. Liver: Congested. Intestines: Congested. Genitalia: Burnt and supra added infection - greenish and foul smelling. Skull: Cavity, membranes, brain - normal. The doctor issued Ex. P. 7, the Post-mortem Certificate with his opinion that the deceased would appear to have died due to burn injuries. 8. Chandramohan Babu, continuing with his investigation, forwarded the material objects to the Court on 14. 12. 1995, with a requisition, Ex. P. 8 to send them for chemical analysis. On 19. 11. 1995, he examined the doctor, P. W. 8, who initially treated the deceased Jeenath Nisha and recorded his statement. On the same day, he examined p. W. 9, the doctor who conducted autopsy and recorded her statement. On 11. 12. 1995, P. Ws. 3 and 4 were examined and their statements were recorded. After the completion of investigation, the final report was filed against the appellant on 30. 4. 1996.