ELUMALAI Vs. STATE OF MADRAS

JUDGEMENT

(1.) ELUMALAI, the appellant herein has been convicted for the offences punishable under Sections 449 and 302 IPC and sentenced to undergo 10 years R. I and life imprisonment by the learned Additional District and Sessions Judge (Fast Track Court, Kancheepuram) in S. C. No. 310 of 2000 dated 27. 02. 2002. Both sentences were ordered to run concurrently.

(2.) THE brief facts, leading to the conviction, are as follows: the deceased Pushpavathi is the step sister of the accused/appellant. There is a dispute over the house properties between the accused/appellant and the deceased. The deceased filed a suit for partition against the accused/appellant and obtained a final decree in her favour. The civil Court ordered compensation to be paid by the accused to the deceased, but the accused requested the deceased not to go to Court for claiming compensation and the matter could be compromised, but the deceased did not agree for the same. Therefore, the accused had a grudge against the deceased. P. W. 1 is the son-in-law of the deceased; P. W. 2 Indira, who is the adopted daughter of the deceased, is the wife of P. W. 1. Only one year back, P. Ws. 1 and 2 got married and in a thatched house, one portion was occupied by the deceased and the other portion was occupied by P. Ws. 1 and 2. The fateful occurrence took place on 1. 1. 1999. On that day, P. W. 1 went to work, where he was having handloom business. He came back for his lunch. At that time, at 2. 30 p. m. , he saw the accused Elumalai entering into varandah at the house of the deceased. In the meantime, he called P. W. 2, Indira his wife and both were watching the movements of the accused/appellant. At the time, the deceased was sleeping inside the kitchen. The accused/appellant was found carrying something hidden in his dhoti and was entering into the kitchen, where the deceased was sleeping. Then the accused removed M. O. 1 knife from his hidden dhoti and began to attack the deceased, causing injuries on the various parts of the body. P. Ws. 1 and 2, on seeing the occurrence, tired to go near the accused, but the accused threatened them not to come near. Then, the accused ran away from the place of occurrence. P. W. 3 Kumar, neighbour, on hearing the noise, came to the house of the deceased and found that the accused/appellant was running away from the scene with knife. At that time, the deceased was alive gasping for life. Then, immediately, P. W. 3 arranged for an auto and the deceased was taken to hospital by P. W. 4, auto driver. When he was about to reach the hospital, she died and therefore, the body was brought back home. P. Ws. 1 and 3 went to police station and gave Ex. P. 1 complaint to P. W. 9 Sub Inspector of Police and a case was registered against the accused/appellant for the offence punishable under Sections 449 and 302 I. P. C. P. W. 12, the Inspector of Police, on receipt of the information, took up investigation and went to the scene of occurrence; prepared Observation Mahazaar Ex. P. 16; prepared rough sketch Ex. P. 15. He observed all the formalities. P. W. 12 thereafter conducted inquest over the body of the deceased and prepared Ex. P. 9 Inquest Report. After inquest report, he sent the body to the Government Hospital for conducting post mortem alongwith Ex. P. 12 requisition letter.

(3.) P. W. 11, the Doctor, attached to the Government Hospital, on receipt of the Ex. P. 12 requisition, commenced post mortem and found the following injuries: