PANCHAVAMAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The sole appellant was the accused before the learned Sessions Judge, Ramanathapuram at Madurai in S.C.No.196 of 1987.

(2.) The accused was charged for an offence under Section 302 of the Indian Penal Code of having committed the murder of his wife Chellammal on 25-4-1986 at about 4.30 P.M. in his field due to family dispute; by cutting her with aruval on her neck, and burned the dead body in the bank of the channel and has also thereby committed an offence punishable under Section 201 of the Indian Penal Code. The learned Sessions Judge, on assessment of the evidence in the trial, has found the accused guilty under Sections 302 and 201 of the Indian Penal Code, convicted him thereunder and sentenced him to life imprisonment under section 302 of the Indian Penal Code and also sentenced him to undergo regorious imprisonment for two years for the offence under Section 201 of the Indian Penal Code and has ordered the sentences to run concurrently.

(3.) The case of the prosecution may be stated briefly as follows: The wife of the accused had eloped with one Remachandran leaving her husband and children, She was brought back to the accused to live with him, by one Valavandhan. The accused was not willing to take her back. P. W. 3 and one Muniandi have advised him to take her back in the interest of the, children. But, P.W. 3 has stated in his evidence that he did not know anything about the occurrence and therefore, he has been treated as hostile. According to the prosecution, the deceased was picking up quarrel with her husband often and even ten days prior to the occurrence, she quarreled with her husband and the prosecution has examined P. W A to prove the same. But, P.WA has stated that except the fact Chellammal was dead, he does not know anything and therefore he was also treated as a hostile witness. The prosecution contends that the accused was waiting for an opportunity to do away with her and on 25-4-1986 at about 3-30 P.M., he took his wife to his field where chillies were grown for the purpose of picking up Kottamuthu and their children were in his house at that rime. According to the prosecution, in the field, the deceased was talking in a manner not expected of her and the accused who was waiting for an opportunity to do away with her, cut her on the backside of the neck with the Aruval he was having and Chellamlilal died. It is also the prosecution version that the accused dug a pit on the bank of the channel and burned her and went home at about 6.30 P.M. When he was asked by his daughters as to where their mother is, the accused is said to have replied that she had gone somewhere after picking up a quarrel with him. The prosecution further contends that the children were pressing to know about the whereabouts of their mother and the accused went out near the statute of Thevar and his daughter asked the Thalayari of that village viz., P.W. 2 to enquire the whereabouts of their mother with the accused, P.W. 2, too the accused aside and enquired him about the whereabouts of his wife. According to P.W. 2, the accused gave an extra judicial confession to him in which, he has stated that he had out his wife and burned her in the chilly field. P.W. 2 took the accused to the house of P.W. 1 the Village Administrative officer at about 8 P.M., and in formed him the information conveyed to him by the accused. P.W.l in his turn enquired the accused. According to P.W.1, the accused gave an extrajudicial confession to him in the presence of P.W.2 to the effect that on that day at about 4.30 P.M., he had murdered his wife by cutting her and burned her in the field itself. P.W. 1 has recorded the same as narrated by the accused, read over the same to him and after the accused acknowledged the correctness of the same, he had obtained the left thumb impression of the accused in it and it is Ex.P-l. P.W. 1, had also obtained a statement from P.W. 2 under Ex.P-2 when he produced the accused to him. P.W. 1 prepared a report under Ex.P-3. P.W.1 took the statements under Exs. P-i and P.2 and his report Ex./P-3 along with the accused and P.W.2 to Kamuthi Police Station and handed over the same to the Inspector .who was there, at about 11.P.M. According to P.W.I, after the 8o clock bus, from his village the next bus to Kamuthi is only at 10.45 P.M. P.Ws. 1 and 2 would say that the accused was examined by the Inspector and the statement given by the accused was reduced to writing and in that statement both of them have attested.