PALANI MOOPAN Vs. STATE

JUDGEMENT

(1.) Palani Moopan, aged about 24, has been found guilty of murder of his wife, Karuppayee, aged about 20, on 26-1-19.54 at Kuppandampalayam, by inflicting injuries with a tapper's knife and has been sentenced to death subject to confirmation by this court by the learned Additional Sessions Judge of Coimbatore Division.

(2.) The prosecution case is this. In January 1953, the appellant and the deceased were married. They lived together happily for three months. Thereafter misunderstandings arose between them by reason of misconduct of the appellant exhibited in beating and abusing his wife. Constantly the appellant quarrelled with his wife. Consequent upon such beating and ill-treatment, his wife, the deceased, used to go to her parent's house. Sometime thereafter, a panchayat was held and the deceased returned to the appellant's house. Even after such return, there were frequent quarrels between them. After some days subsequent to the return of the deceased to the appellant's house, the appellant shifted to his sisters house leaving his wife in his house. On 26-1-1954, the deceased went to a shandy in Kcwant village situated just three miles away from Kuppandampalayam. While she went to the shandy, she is said to have worn gold kappus and kammals in her ears, a gold thali on her neck, and silver bangles. At about sun set time she left the shandy and was returning to the village with a basket containing provisions on her head. When she came near the temple on the outskirts of the village, a few furlongs away, she was being followed by P. Ws. 2, 3 and 4. The deceased and these witnesses crossed the temple and were passing through the itteri. The point at which the itleri and the temple crossed each other was apparently a dangerous place where offences like robbery and murder had been committed. When the deceased reached that place, the prosecution evidence is that the appellant approached her & cut her. This was seen by P. Ws. 2, 3 & 4 who were coming a little behind. P. W. 2 reported the matter to P. W. 1 and P. W. 1, the brother of the deceased gave a statement to the village munsif about what he had learned from P. W. 2. In the meanwhile, P. W. 8, a potter, who is an undesirable character, having been guilty of theft on prior occasions, and P. W. 9, a Koravan, said to be a registered K. D. happened to pass by the spot where the deceased lay dead. They saw the body of the deceased, an aruval, M. O. 1, and a basket M. O. 2, in which the deceased was bringing certain provisions from the shandy. They removed these two articles to their custody, and it transpires that P. W. 9 used for himself some of the quantity of rice found in the basket. The village munsif P. W. 12, who recorded Ex. P. 1 from P. W. 1 made the usual report to the police authorities. The Sub-Inspector of Police, P. W. 13, arrived at the village in the early hours of the 27th mom-ing. He saw the body of the deceased and held the inquest and after completing the preliminaries, he sent the body for post-mortem examination. The lady doctor, P. W. 5 who conducted the autopsy and issued Ex. P. 4 the postmortom certificate, found on the body of the deceased 6 injuries. The first injury was an incised circular wound 2 inches in diameter and slicing off a flap of skin which was attached by 1/2 inch anteriorly and situated over the left shoulder joint. The second injury was a" incised vertical wound 1 inch by 1/2 inch by 1/4 inch situated in part of right axilla. The third injury was an incised gaping wound 3 inches in length and cutting into the hotly of the second vertibra and into the muscles of the neck and situated on the back of neck. The fourth and fifth injuries were also incised gaping wounds of various dimensions. The sixth injury was an abrasion 2,1/2 inches by 3/4 inch situated on the posterior surface of the upper half of right thigh. The doctor was of opinion that the deceased would appear to have died of shock and haemorrhage as a result of the injuries.

(3.) A day after the occurrence, namely, on 27th January, the appellant went to Bhavani, 15 miles away from his village and appeared before the Sub-Mgistrate P. W. 10, and surrendered before him, at about 4 p. m. while he was holding court in the court hall. The appellant stated that he was wanted by the police in connection with his wife's murder and so he surrendered. The magistrate, on finding his dhoti and upper cloth bloodstained directed his clerk and peon to seize them. In his presence they were seized, and Ex. P. 6 was drawn. Thereafter, the magistrate remanded the appellant to the sub jail. The dhoti, M. O. 3, and the upper cloth M. O. 4 were sent for chemical examination, and the imperial serologist has certified that they had been stained with human blood. P. W. 13, the Sub-Inspector, was informed of the surrender of the appellant before the Sub-Magistrate, and after he intervened the appellant at about 10-15 a. m. on 28th for half an hour or thereabouts, he came to know that the appellant was willing to make a confession. Thereupon P. W. 13 made a requisition to the Sub-Magistrate to record his confession. The appellant was produced on the 28th January at about 3-30 p. m. before the Sub-Magistrate who recorded Ex. P. 8 which is in the following terms: