SAMPATH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appeal is directed against the judgment of conviction and sentence of life imprisonment imposed on the appellant/accused under section 302, I. P. C. and two years' Rigorous imprisonment under Section 506 (Part II), I. P. C. in SC. No. 10 of 1996 on the file of the Principal Session Judge, sivagangai, for having murdered, his wife Udayammai, by inflicting multiple injuries with Sickle (Aruval ). The sole accused is the appellant herein.

(2.) THE prosecution case in brief is as follows: the deceased Udayammai was the wife of the appellant/accused herein. On the fateful day, 8. 9. 1994, at about 4. 00 p. m. while the deceased udayammai and her mother's younger sister Alangaram were working in the agricultural land belonged to the latter, at Panangudi village, karaikudi Taluk, the appellant/accused, Sampath came to the paddy field and asked the deceased to come and live with him. As the deceased was not willing to abide by the request of the accused, the accused attacked the deceased with sickle (Aruval) on the head, stomach and other parts of the body of the deceased udayammai indiscriminately and as a result of which udayammai died on the spot. On seeing the attack of the accused by sickle, Alangaram, raised an alarming voice and hence the accused threatened her with the sickle and thereby he committed the offence punishable under Sections 302 and 506 (Part II), I. P. C. After the occurrence, P. W. 1 proceeded to her village as instructed by p. W. 2, the father of the deceased, to bring some men from their residence to the scene of crime, and while she was going on the way to her residence, the accused who was standing on the road with the sickle threatened P. W. 1, and hence due to apprehension of the threat, P. W. 1 returned to the scene of crime and after some time, she went and informed the villagers about the occurrence that had taken place at the scene of crime. Then, she went along with P. W. 3, to the Kallal Police station and gave a oral statement about the occurrence, which was reduced into writing as complaint on which she affixed her thumb impression. The said complaint was marked as Ex. P. 1, through P. W. 1.

(3.) P. W. 14 was the Sub-Inspector of police attached to Kallal Police Station who received the complaint Ex. P-1 from p. W. 1 on 8. 9. 1994 at about 9. 00 p. m and registered the case in Crime No. 144 of 1994 under Section 302, I. P. C. and prepared the printed FIR Ex. P-16 and sent the FIR and the complaint to the Judicial magistrate, Karaikudi through p. W. 13-Constable and forwarded the copies thereon to his higher officials. P. W. 15 is the Inspector attached to Kallal Police station, who conducted the investigation and laid the final report.