SAMPATH Vs. STATE

JUDGEMENT

(1.) The appellant was an accused in S.C. No. 11 of 1986 on the file of Court of Session, Tiruchirappalli, Division Tiruchirappalli. He was found guilty for the offences under Sections 302 and 201 I.P.C., convicted thereunder and sentenced to imprisonment for life for the offence under Section 302 I.P.C. and to rigorous imprisonment for two years, for the offence under Section 201 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) The scene village Thirumakkoodalur village lies within the jurisdiction of Vangal Police Station. The accused bails from the said village. He had been etching out his livelihood by engaging himself in weaving mosquito nets. The marriage between one Vijayalakshmi (since deceased) and the accused took place some two years prior to the occurrence, which event happened on 13-8-1985. A male offspring came into existence to the spouses.(b) The material abode of the accused and the deceased were always found in troubled waters. There were very often bickerings and quarrels between them for one reason or the other. Such bickerings and quarrels between them always centered around the accused denying his wife, the deceased the legitimate amount for defraying the family expenses. This apart, the accused was having some sort of suspicion in his mind that the deceased had swerved away from the path of virtue and that she had incestuous connection with one Kathirvel and this sort of suspicion also led to frequent quarrels between the spouses;(c) P.W. 1 and P.W. 6 are respectively the brother and sister, while P.W. 2 is the mother of the deceased. The accused and the deceased had been living together in a separate house. The house of P.W. 2 the mother of the deceased is situated at a distance of 150 feet away on the east of the house of the accused.(d) On the morning of the day of the occurrence at or about 11 a.m. the deceased, as usual took the cattle for the purpose of grazing. Usually, she would return by about 1.30 p.m. On the date of occurrence, unusually, she did not at all return home even late in the evening. P.W. 2 the mother feeling something suspicious about her daughter, the deceased went in search of her and she appeared to have made a hectic search in and around the river bed in the village. During such search operation, she was able to identify a pair of chappals of the deceased - her daughter near the vicinity of the river bank at an elevated place. She also found certain bloodstains there.(e) When she returned to the house, at about 6.00 p.m. after search, she again with the help of some villagers and her daughter, P.W. 6 made a hectic search of her daughter - the deceased and such search also proved futile. Again she returned home. At that time, the accused was standing in front of his house. On seeing her, the accused was stated to have proclaimed that he had done away with her daughter the deceased his wife and that he would not leave her i.e. P.W. 2 without being killed and so saying he had been running after her with an aruval in his hand. In order to protect P.W. 2 from being assaulted by the accused, she was kept under a lock and key in the house of one Subramaniam by P.W. 3, a neighbour.(f) In the meantime at bout 5.00 p.m. the villagers, viz., P.Ws. 4 and 5 had the fortuitous opportunity of seeing the accused near the river bed, while they were grazing the cattle in the vicinity of the lake (eari) and at that time, the accused was found to be wearing wet clothes, presumably after taking bath in the river. He was also found to be in possession of M.O. 1 aruval in his hand by P.W. 5.(g) The accused, who attempted to cut P.W. 2, mother of the deceased was subsequently apprehended at or about 6.30 p.m. near Bajani Madam in the village by P.W. 8 and others. At that time, the accused was in possession of M.O. 1 aruval, which had been snatched away by P.W. 1. P.W. 8 was stated to have recovered from the trouser pocket of the accused M.O. 2, a packet containing insecticide. One Subramaniam was stated to have snatched from the accused a diary M.O. 3 and thereafter the accused was stated to have been tied to an electric lamp post. Keeping one Chandran and another to keep a watch over the accused, P.Ws. 1 and 8 went to Vangal Police Station, along with M.Os. 1 to 3 for the purpose of lodging an information respecting the occurrence.(h) P.W. 11 was the then Inspector of Police, Vangal Police Station. At or about 11.45 p.m. on 13-8-1985, while he was in the Police Station, P.Ws. 1 and 8 appeared before him. P.W. 1 gave Ex. P. 1 information, on the strength of which, P.W. 11 registered a case in Crime No. 100 of 1985 for an alleged offence under Section 302 I.P.C. He seized M.Os. 1 to 3, as produced by P.W. 1 under Ex. P. 2 Mahazar attested by P.W. 8 Ex. P. 13 is the printed F.I.R.(i) P.W. 12 was the then Inspector of Police, Vangal Police Station. At 6.00 a.m. on 14-8-1985, after receiving a copy of the F.I.R., he took up further investigation of the case. He then, rushed and reached the scene by 7.00 a.m. He arrested the accused, who was tied up to the electric lamp post in the village. On interrogation, the accused gave voluntary confession statement under Section 27 of Indian Evidence Act. Ex. P. 3 is the admissible portion of the confession. At 7.00 a.m. he seized M.O. 9 rope utilised for fastening the accused to the electric lamp post, M.O. 7 shirt, the accused was wearing then and his dhoti M.O. 8 under Ex. P. 6 mahazar. Exs. P. 3 and P. 6 were arrested by P.W. 8. Pursuant to Ex. P. 3 confession, the accused was stated to have been P.Ws. 8 and 12 to the scene of occurrence. After inspecting the scene, he prepared Ex. P. 4 observation mahazar in the presence of P.W. 8. He drew a rough sketch of the scene Ex. P. 14. He also seized from there bloodstained earth M.O. 4, sample earth M.O. 5 and a pair of chappals M.O. 6 series under Ex. P. 5 mahazar in the presence of P.W. 8. At about 9.00 a.m. he recovered the body of the deceased from a bush at the instance of the accused with the help and aid of P.W. 7. Between 9.00 a.m. and 12.00 noon, he held inquest over the body of the deceased. During inquest, he examined P.Ws. 1 to 3 and 6. Ex. P. 15 is the Inquest report.(j) P.W. 9 was the then Assistant Surgeon attached to the Government Hospital, Karur. On receipt of Ex. P. 7 requisition, he held autopsy over the body of the deceased at 3.00 p.m. Ex. P. 8 is the post-mortem certificate, he issued. He would opine that the deceased would appear to have died due to shock and haemorrhage by about 20 to 30 hours prior to autopsy. He would further opine that the injuries found described in Ex. P. 8 could have been caused by a weapon like M.O. 1.(k) After the autopsy was over, the Constable No. 2883 seized from the body of the deceased M.O. 10 saree, M.O. 11, Skirt and M.O. 12 blouse and handed over them at the Police Station. Then were all seized under Form 95.(l) P.W. 12 on the same day, examined P.Ws. 4, 5, 7 and 8 and others. He took the accused to the Police Station at 5.00 p.m. and arranged to send him to Court for remand. On 15-8-1985, he examined P.W. 9. On 21-8-1985, he produced the incriminating material objects before the Judicial Second Class Magistrate, Karur. On 28-8-1985, he sent Ex. P. 9 requisition to the said Court for sending those material objects to the chemical examiner for the purpose of examination.(m) P.W. 10 was the then Head Clerk attached to the Judicial Second Magistrate, Karur. On receipt of Ex. P. 9 requisition, pursuant to the directions of learned Magistrate, he separately packed and sent the incriminating material objects to the Chemical Examiner for the purpose of examination under the original of Ex. P. 10, officer copy of the letter. Exs. P. 11 and P. 12 are respectively the reports of the Chemical Examiner and the Serologist.(n) In the meantime, P.W. 12 appeared to have been transferred and his successor Inspector, by name Natarajan, after verifying the investigation already made, laid the final report before the Judicial Second Class Magistrate, Karur against the accused for the alleged offences under Section 302 and 201 I.P.C. on 15-11-1985.