NANDA @ NANDAKUMAR; AMULU @ VADIVUKKARASI Vs. STATE

JUDGEMENT

(1.) This appeal arises against judgment of learned Principal Sessions Judge, Tiruvallur District, passed in S.C.No.173 of 2011 on 12.07.2013, convicting appellants for offence under Section 302 r/w 34 IPC and sentencing them to life imprisonment and fine of Rs.5,000/- each i/d 6 months S.I.

(2.) The case of the prosecution is that the deceased and A2 were husband and wife. While the deceased was in jail in connection with a murder case, A2 developed illicit intimacy with A1, which came to the knowledge of the deceased. The same led to friction between them. A2 eloped with A1. Angered thereby, on 11.10.2008, at about 8.30 p.m., the deceased went to the house of A1 and picked up a quarrel with the accused, owing to which A1 assaulted the deceased with a knife and caused his death. A2 caught hold of the deceased and thus assisted A1. PW-1, Village Administrative Officer, preferred a complaint [Ex.P1] on 12.10.2008 at about 09.00 a.m. before PW-12, Sub-Inspector of Police, Sevvapet Police Station. Case in Crime No.304 of 2008 for offence u/s.302 IPC on the file of respondent was registered. The printed First Information Report is Ex.P13. PW-13, Inspector of Police, took up investigation on the same day. He went to the scene of crime at about 11.45 a.m. and prepared observation mahazar [Ex.P7] and rough sketch [Ex.P14] in the presence of PW-8 and another. He conducted inquest between 01.00 p.m. and 03.00 p.m. in the presence of panchayatdhars. The inquest report is Ex.P15. He collected blood stained earth [M.O.5] and sample earth [M.O.6] at about 03.00 p.m. in the presence of PW-8 and another. The seizure mahazar is Ex.P8. Thereafter, he sent the body to Thiruvallur Government Hospital through PW-11, Sub-Inspector of Police, for post-mortem. PW-13 examined PWs.5 and 11 and two others on 13.10.2008 and recorded their statements. On 17.10.2008, he arrested A1 near Veppampattu Railway Gate at about 02.00 p.m. and recorded his confessional statement in the presence of PW-6 and another. The admissible portion of confessional statement of A1 is Ex.P2. Thereafter, he arrested A2 near Tirunidravur Railway Station at about 03.30 p.m. on the same day and recorded her confessional statement in the presence of the same witnesses. The admissible portion of confessional statement of A2 is Ex.P3. On the basis of the confessional statement of A1, PW-13 took him to S.No.204, Veppampattu Village and recovered a knife [M.O.1] in the presence of PW-7 and another. The seizure mahazar is Ex.P4. He took A1 to the scene of crime at about 05.45 p.m. and recovered a blood stained half-sleeved T-shirt [M.O.2] and a cotton shirt in the presence of PW-7 and another under Ex.P5. He recovered a blood-stained saree [M.O.3] and broken pieces of bangles [M.O.4] in the presence of the same witnesses under Ex.P6. He took the accused to the police station and sent them to judicial custody. He intimated the arrest of the accused to their relatives. He handed over the case papers to PW-14, Inspector of Police, Dindigul District, for further investigation. PW-9, Doctor, has conducted the post-mortem. The post-mortem report is Ex.P9 and reads thus:

(3.) To substantiate its case, the prosecution examined PWs.1 to 14, marked Exs.P1 to P16 and M.Os.1 to 10. None were examined on behalf of appellants/accused. On questioning under Section 313 Cr.P.C., the accused denied their involvement in the case.