SELVI Vs. STATE

JUDGEMENT

(1.) THE appellants Al to A4 have filed this criminal appeal challenging the conviction and sentence Imposed for the offences punishable under Sections 302 and 201 r/w 302 I. P. C. as against Al and under Section 202 I. P. C. as against A2 to A4.

(2.) THE case of the prosecution is as follows: " (a) The deceased Dinesh, aged about 8 years is the son of p. W. 1 Pavuna and P. w. 2 asokan. A-1 Selvi is the wife of a-2 Rajasekhar, A-3 Murugan is the brother and A-4 ramayee is the mother of A-l. They are residing in the house, which is situated near to the house of P. Ws. 1 and 2. (b) The boy Dinesh was studying in 2nd standard. After coming from school, P. w. 1's son dinesh/deceased used to go to the house of the accused and play with the sons of Al and A2. During the play, there used to be quarrels and some times, the children of Al used to beat dinesh. when this was reported to P. W. 1 by Dinesh, she went and complained to A-1 stating that her sons had beaten Dinesh. (c) A-1 having not relished over the complaining attitude of P. W. 1, indirectly scolded her sons stating that why did they play with the son of a bitch. When p. Ws. l and 2 questioned this, she openly told that P. W. I had illicit intimacy with her husband A-2. Due to this, there used to be frequent quarrels between A-l and P. W. I on the one hand and P. W. I and P. W. 2 on the other hand. A-l used to challenge P. W. 1 that one day ox the other, she would kill her son Dinesh so that she would teach a proper lesson to P. W. 1's family. (d) The fateful occurrence took place on 26. 12. 2001. P. W. 1 permitted her son Dinesh to go outside to play with the children at 3 p. m. on the date of occurrence. Subsequently, he did not turn up. When P. W. 2, the husband of P. W. I came back home after finishing his job, asked the whereabouts of dinesh, she told that their son has gone for playing with the children. However, even in the evening, he did not turn up and they were searching throughout night, but he was not available. (e) The next day at 7 p. m. , P. W. 3 dhanalakshmi who is the landlady of both P. Ws. l and 2 and the accused came running and cried aloud stating that the dead body of Dinesh is found in the kitchen of the portion occupied by the accused. All of them went inside the house of the accused and found the dead body of the deceased with injuries and tied by ropes and sarees. (f) Then, immediately, P. W. I at about 10. 30 p. m. on 27. 12. 2001, gave a complaint (Ex. Pl) to P. W. 10, the Sub Inspector of Police (in charge ). P. W. 10 registered a case in crime No. 692/2001 for the offences punishable under sections 302 and 201 I. P. C. and prepared First Information Report, EX. P13. (g) P. W. 11, Inspector of Police took up investigation and came to the scene and prepared Observation Mahazar ex. PS and rough sketch EX. P14 in the presence of witnesses. He conducted inquest over the dead body of the deceased in the presence of panchayatdars and witnesses and prepared inquest report Ex. P15. P. W. 11 sent the body of the deceased for postmortem along with a requisition Ex. P6. (h) P. W. 6, the doctor attached to government Headquarters hospital, Mettur conducted post-mortem and issued the post-mortem certificate Ex. P7. He found the following injuries: external injuries: 1 ). An abrasion 3cm x 3cm over right scapular region. 2 ). Abrasion over the thigh left 2cm x 3cm. peeling of skin left thigh. 3 ). A linear wire mark (wire in situ) in front of neck extending from 3" below right ear obliquely extending upto left side nape of neck, a knot mark seen 1cm x 1cm right side neck about 4cm below right mandible. On dissection: The underlying area is pale in colour. Parchment with petechial haemorrhage present. Laceration of right sterno mastoid muscle 'carotid arteries right side normal. Internal Examination: hyoid bone preserved thyroid cartilage preserved trachea and larynx congested. Heart 200 gms. chambers empty. Lungs right 280 left 200 gm c/o. congested musous collection present. Liver: 800 gms. C/o. congested. Stomach: contains 200ml. partially digested particles. Intestine: empty, kidney 90cms. each congested. Spleen: 80 gms c/s congested. Bladder: empty skull: no fracture. Membranes intact. Brain liquifi cation started, scrotum congested. Right testes swollen. The following viscera preserved: 1. Hyoid bone 2. Thyroid cartilage 3. stomach with contents 4. portion of intestine 5. portion of liver 6 one kidney and 7. Nacl - sodium chloride according to the doctor P. W. 6, the deceased would appear to have died about 2 to 3 days prior to autopsy and the death is due to asphyxia. (i) when P. W. 11, Inspector of Police went to the scene of occurrence, A2, A3 and A4 alone were available there and A1 was found missing. The next day was arrested at about 8. 00 a. m. and thereafter, A2 to A4 were arrested. The material objects were sent for chemical examination. . (j ). After completion of the investigation, charge sheet was filed for the offences punishable under Sections 302 and 201 I. P. C.

(3.) DURING the course of trial, p. Ws. 1 to 11 were examined, Exs. Pl to p15 were filed and M. Os. 1 to 5 were marked.