GNANAGUNASEELI Vs. STATE

JUDGEMENT

(1.) The appellant Gnanagunaseeli was accused in S. C. No. 118/86 on the tile of the Court of Session, South Arcot Division, Cuddalore. She was found guilty under Ss. 302 and 203, I.P.C., convicted thereunder and sentenced to R. I. for life imprisonment under S. 302, I.P.C. and R. I. for one year under S. 303, I.P.C. with a direction for the sentences to run concurrently.

(2.) Aggrieved by the said conviction and sentence, the present action had been resorted to.

(3.) Brief facts are : (a) one Daniel Appadurai (since deceased) got profitably employed as an Air Condition Mechanic at Neyveli Lignite Corporation. The accused is non-else than his wife. The spouses had two off springs, one female (P.W. 1) and another male (P.W. 2). The spouses along with their kids had been living at Door No. C. 41, Block No. 2, Neyveli Town Ship. The accused was also employed at Neyveli Lignite Corporation as an Assistant.(b) P.W. 3 is their neighbour. One Gopalakrishnan is the husband of P.W. 4. P.W. 4 and her husband, it is said, are also profitably employed at Neyveli Lignite Corporation. P.W. 4 resides opposite to and P.W. 3 resides on the north of the house of the accused and deceased.(c) P.W. 4 and deceased hailed from one and the same place, viz., Nagercoil. The deceased had been maintaining friendly relationship with P.W. 4 for quite long. This sort of a friendly relationship was mistaken by the accused, wife of the deceased for one of illicity relationship. As a consequence frequent skirmishes and quarrels between them arose and there was want or cordial atmosphere and peace in their matrimonial abode. P.Ws. 1 and 2 were also grown up children. They were spectators for the on going quarrels, between the accused and the deceased, their parents.(d) It so happened, some three years prior to the occurrence, which event happened on 15-4-1986, the deceased was stated to have been hit by the accused-wife by means of a hammer on his chin for his illicit relationship with P.W. 4. As a consequence of such a hit, the deceased was stated to have sustained an injury therefore. On receiving such a hit and consequent injury at the hands of his wife-accused, the deceased was stated to have run out of the house crying for help. attracting the attention of others. P.Ws. 4 and 5 had the fortuitous opportunity of witnessessing such an occurrence having happened. Some how or other, the differences between the deceased and his wife were stated to have been settled by the medication of a good samaritan pastor of the locality. On the advices so tendered by the pastor, the accused appeared to have promised to come to the path of rectitude and have an amicable family life with his wife, the accused.(e) The deceased, some how or other, was unable to sever his friendly relationship with P.W. 4. Consequently, time and again, quarrels and skirmishes arose between the deceased and his wife, the accused. Some four days prior to the occurrence, the deceased met P.W. 9 a Pastor of Pentecost Mission and complained to him as to his having an apprehension that he was to meet perilous consequences at the hands of his suspicious wife, the accused. The said Pastor, in turn visited the house of the accused and the deceased and prayed for their welfare and went away from there.(f) On the day of occurrence at about 9.00 p.m. the deceased, after visiting the house of P.W. 4 returned to his house, which has obviously irritated the accused. The deceased appeared to have taken food in his house with his family members, viz., the accused and his grown up children P.Ws. 1 and 2. After taking food the accused along with her children P.Ws. 1 and 2, was stated to have taken her bed in their bed room adjoining the hall. The deceased, in turn, was stated to have taken his bed in the sofa-cum-bed available in the hall. It appears a Zero watt bulb used to burn during night hours in the hall. There is no bath room attached to the bed room and any one taking bed in the bed room adjoining the hall, it is said, had to go to the bath room by crossing the hall. It appears that the accused along with her children P.Ws. 1 and 2 after taking their bed in the bed room adjoining the hall, locked the door from inside and the deceased was taking his bed in the hall over the sofa-cum-bed with a zero watt bulb burning.(g) At about 1.00 or 1.30 a.m. the accused armed with M.O. 1 Koduval was stated to have inflicted series of cuts on the person of the deceased her husband, while he was taking his bed over the sofa-cum-bed available in the hall, after her emerging out of the bed room where she was taking her bed along with her children P.Ws. 1 and 2. On receipt of the cuts, the deceased appeared to have raised agonising cries. Attracted by such cries, the daughter and son, viz., P.Ws. 1 and 2 woke up from their bed, came out of the room and saw the accused their mother engaged in revelling in infliction of cuts on the person of the deceased their father. The accused-mother in turn was stated to have issued threats of dare consequences to P.Ws. 1 and 2 in an eloquent fashion by her sheer staring look with glance of eye. P.Ws. 1 and 2 in turn went inside the bed room and took shelter therein.(h) The accused thereafter went to the bed room, took some clothes from there then made a march to the bath room. changed her clothes therein, returned to the bed room and told her kids P.Ws. 1 and 2 that the dastardly act of doing away with their father, the deceased was only for their benefit, and they in turn should pose to the outside world as if such a dastardly murder of their father had been done by intruders into their house during night hours and they should also cry 'thief', 'thief' as to attract the attention of neighbours. Thereafter, she was also stated to have locked the bed room from inside and P.Ws. 1 and 2 also raised a hue and cry, 'Thief', 'thief'.(i) Attracted by such agonishing cries for help. P.W. 3, Gopalakrishnan and others came there, and at their instance, the door of the bed room was stated to have been opened. To them, the accused narrated as to how the occurrence took place. At their instance, accused was stated to have written a report, respecting the occurrence. Exhibit P.1. The time was then 2.30 a.m. Then P.W. 3, Gopalakrishnan and others took the accused to Neyveli Police Station, which is 3 k.ms. away from the scene of occurrence. All of them went by walk. They reached the police station at 4.00 a.m.(j) P.W. 12 was the then Sub Inspector of Police, Law and Order; Neyveli Police Station. On receipt of Exhibit P. 1 at 4.00 a.m. from the accused, he registered the same as a case in Crime No. 181/86 under Section 302. I.P.C., as if the murder had been committed by intruders-strangers. We also prepared Express reports and sent the same to the concerned officials. Exhibit P. 23 is the printed Express First Information Report.(k) P.W. 13 was the then Inspector of Police. On further investigation in this case. At 5.45 a.m. he rushed and reached the scene of occurrence. After inspecting the scene, he prepared Exhibit P. 2, observation mahazar in the presence of P.W. 6 and another. He drew a rough sketch of the scene, Exhibit P. 24 He caused photographs to be taken of the scene by P.W. 10 a photographer. Exhibits P. 7 to P. 12 are the negatives and Exhibits P. 13 to P. 18 are the photo copies. Between 7.30 a.m. and 11.00 a.m. he held inquest over the body of the deceased. Ex. P. 25 is the inquest report. During inquest, he examined P.Ws. 1 to 3 and others. After the inquest was over, he handed over the body of the deceased to the Constable P.W. 8 for the purpose of autopsy, along with a requisition. He arrested the accused. On interrogation, the accused gave a voluntary confession statement, the admissible portion of which is Exhibit P. 3. Pursuant to the said confession statement, at 1.15 p.m. he recovered M.O. 2 sari, and M.O. 3 jacket at the instance of the accused, who was stated to have taken out them from the bath room and produced them before P.W. 13, who in turn seized the same under Exhibit P. 4 Mahazar. At 2.00 p.m. he recovered from the hall M.O. 1 Arval, besides M.O. 4 bed, M.O. 5 pillow, M.O. 6 blanket, M.O. 7 Banian, M.O. 8 folding chair, M.O. 9 blood stained pillow, M.O. 10 cement colour easy chair, M. P. 11 green colour easy chair, M.O. 12 a pair of chappel, M.O. 13 blood stained scrappings of cement flooring, M.O. 14 Sample scrappings of cement flooring, M.O. 15 blood stained scrappings of the wall and M.O. 16 sample scrappings of the wall under Exhibit P. 5 mahazar. Exhibits P. 2 to P. 5 were attested by P.W. 6 and another.(I) P.W. 7 was the then Assistant Surgeon attached to Government Hospital, Panruti. On receipt of requisition from P.W. 13, he conducted the autopsy over the body of the deceased. Exhibit P. 6 is the post mortem certificate he issued. He would opine that the injuries 1 to 14 could have been caused by infliction of a cut with a weapon like M.O. 1 while injury No. 15 could have been caused by coming into contact with a rough surface. He would further opine that external injury Nos. 8 and 9 were necessarily fatal.(m) After the autopsy was over, the post mortem constable P.W. 8 seized from the body of the deceased M.O. 17 lungi and handed over it at the police station where it was appeared to have been seized under form No. 95.(n) On 16-4-1986, P.W. 13 examined P.Ws. 7 and 9 and others. On 20-4-1986 he examined P.W.8 He also made arrangements on 25-4-1986 for recording S. 164, Cr. P.C. statement of P.W. 1 before the Judicial Magistrate, Panruti. On 29-4-86 he sent requisition Exhibit P. 19 to the Judicial Second Class Magistrate, Neyveli for the purpose of forwarding the incriminating material objects td the Chemical Examiner for the purpose of examination.(o) P.W. 11 was the then Head Clerk attached to the Judicial II Class Magistrate's Court, Neyveli. On receipt of Exhibit P. 19 requisition, he despatched the incriminating material objects, as per the directions of learned Magistrate to the Chemical Examiner for the purpose of examination under the original of Ex. P. 20, office copy of the letter. Exhibits P. 21 and P. 22 are respectively the reports of the Chemical Examiner and Serologist.(p) After completing the formalities of investigation, P.W. 13 laid a final report before Judicial II Class Magistrate Neyveli on 25-6-1986 against the accused for an offence under Ss. 302 and 203, I.P.C.