IN RE: SUBBAN ALIAS SUBBIAH Vs. STATE

JUDGEMENT

(1.) THE reference R.T. No. 5 of 1985 under Section 366, Crl.P.C., and Criminal Appeal No. 580 of 1985 are heard together. The Appellant has been convicted of an offence punishable under Section 302, I.P.C., and is sentenced to death by the Sessions Judge, Coimbatore Division, for causing the death of one Valliammal by stabbing and cutting her with a knife on 15th March, 1984, at 1.30 p.m. at Shanmughapuram, Coimbatore District, while she was in her house. He has also been convicted of an offence punishable under Section 449, I.P.C., for house trespass and also under Section 324, I.P.C. for causing hurt to one Chinnakannal with a dangerous weapon. No separate sentence was awarded under those sections.

(2.) THE facts need narration: On 15th March, 1984, PW1 Kuppathal and PW2 Pappathi, daughter -in -law of Kuppathal, were attending to their usual avocation in their house in the small village of Shanmughapuram, in Coimbatore District, little realising that they will be witnessing a bizarre crime at the house of Valliammal, the deceased. PW1 Kuppathal resides about five feet away in a house (sic) west of Valliammal's house, while PW2 -Pappathi, daughter -in -law of PW1 lives in a house south of Valliammal's house and that house is four feet away from Valliammal's house. At about 1 -30 p.m. on 15th March, 1984 P Ws.1 and 2 heard the cry of Valliammal and P Ws.1 and 2 rushed to the house of Valliammal from where the cry emanated. The door was closed. Both of them peeped through the eastern window and they saw the Appellant cutting the neck of Valliammal, resting her head on a water tank and then pushing her down and again cutting her with a knife. The Appellant had seen P Ws 1 and 2 peeping through the window. When he was about to open the door, P Ws 1 and 2, realising that the Appellant had seen them, ran away towards east and then to their houses. PW3 Chinna Kannal resides ten feet away on the west of the house of Valliammal, deceased. She also heard an alarm at about the same time. She saw P Ws.1 and 2 running away from the house of Valliammal. PW3 opened the door of the house, which was closed. The Appellant was inside the house. His dhothi was besmeared with blood. On seeing her, the Appellant stabbed on her right hand with the knife, saying that he will kill her as he had killed Valliammal. The stab was given with such a force that the blade of the knife MO1 came on the other side of the hand. After stabbing PW3 the Appellant washed his hands and the knife MO1, with the water in a vessel kept before the house of one Chinnan. When the Appellant was about to get on the cycle MO3, which he has hired from PW5 to escape from the scene, he was confronted by PW4 Natarajan, Rajamani, Shanmugham, and Elumalayan, and the Appellant fell down from the cycle. The knife MO1 which he was holding in his left hand injured the right hand of the Appellant. PW4 went inside the house and found Valliammal in a pool of blood. Life was extinct in her. The Appellant was in a state of semi -consciousness. PW4 sprinked water on the Appellant and made him to regain consciousness. The Appellant told PW4 that he cut the neck of Valliammal on account of the dispute in partitioning the properties. He also told PW4 that he had stabbed PW3. The Appellant was then bound with ropes and was made to sit down. PW13 Ruthdramurthi is the Village Administrative Officer of Erumbari of another Village near Shanmughapuram. He was also in -charge of Shanmughapuram Village. On 15th March, 1984 he went to Sambaravalli Village for making tax collections. At about 3 P.M. the relatives of Velappa Udayar, husband of the deceased Valliammal, came and told him that Valliammal had been murdered. PW13 went to the scene and found Valliammal lying dead in her kitchen with cut injuries on her neck. Near the house of Valliammal, the deceased, PW13 saw the Appellant bound with ropes. He also found MO1 knife and MO3 -Cycle near the Appellant. He further found injuries on the right hand of the Appellant. PW13 was also informed that PW3 was also injured. PW13 sent for PW3 and he took PW3 and the Appellant and Thalayari to the Police Station at Karamadai. PW3 gave Ex. P1 the complaint before PW14, Sub Inspector of Police, Karamadai, and he registered it in Crime No. 59/84 under Ss.302, 324, 341 I.P.C. Ex.P19 is the First Information Report. He sent PW3 to the hospital for treatment. He arrested the Appellant at 8.45 P.M. and recovered M Os.8 to 12, Dhothi, Shirt, Banian and underwear of the Appellant, under Ex.P15 - Mahazar. He also prepared an observation mahazar Ex.P16 and Ex.P20 sketch and later sent the Appellant to the Hospital.

(3.) PW .7, Dr. Hariharan, Asst. Surgeon, attached to Govt. Hospital, Mettupalayam, commenced autopsy on the dead body of Valliammal at 11.35 A.M. on 16th March, 1984. He found an incised wound about 3" length and muscle deep over the neck from the right side crossing the midline and another incised wound about 4.5" length about 1" below injury No. 1. He also found the jugular vein and the carotid artery on the right side cut. He further found sternomastoid muscle and the rib muscles on the right side cut. The right side of larynx was found cut. He also found an incised wound on the left side of neck about 2.5" length and another incised wound about 2.5" length and 2" deep below injury No. 3 just above the lateral end of left clavicle. Some veins were found cut. He also found an incised wound about 1" length 1" deep on the right side of back of neck and an incised wound 1" length 2" deep on the right side of chest at the level of mid clavicular line at the region of 8th intercostals space and oblique in direction, He further found an incised wound 1" length 2" deep on the mid axillary line in the region of the 5th intercostals space and another incised wound 2" length at the level of L1, 1" from the midline on the back which is oblique in direction. Yet another incised wound was found just medial to and 4" above the injury No. 8, 1" length entering into the peritoneal cavity and horizontal in direction. He further found an incised wound vertical in direction 1" length depth. He also found left kidney cut and injury to the right lobe of liver. He gave his opinion in the following terms: "The deceased would appear to have died of shock and haemorrhage due to injury to carotid artery, injuries to lungs, liver, spleen and left kidney". Ex. P.6 is the post -mortem certificate issued by PW.7. Further, investigation was taken up by FW.16 Inspector of Police, Mettupalayam. He examined P Ws. 4 and 5 and laid the charge -sheet on 10th July, 1984.