POONAIYAN ALIAS SELVARAMAN Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted in Sessions Case No.50 of 2003 on the file of the Principal Sessions Court, Vellore for an offence under section 302 IPC and sentenced to undergo life imprisonment.

(2.) THE accused husband with the intention to murder his wife Vijaya, on 21.4.2002 at about 10.00 p.m., in front of his house, beat her with stick and stabbed with knife and caused her instantaneous death and thereby committed the offence punishable under section 302 IPC.

(3.) COUNTERING the arguments of the learned counsel for the appellant, the submissions of Mr.N.R.Elango, learned Additional Public Prosecutor are thus: (a) The distance between the place of occurrence and the police station is 80 kms. From Surutaiyan Kollai of Alleri group of village, where the occurrence had taken place, there is no transport facility to Odukathur and have to go by walk for about 8 to 10 hours. Since P.Ws.1 and 2 reached Odukathur at about 4 pm and were tired by walking and there is no conveyance in the evening, they went to the Police Station in the next day morning and lodged the complaint. The above delay cannot be fatal to the case of the prosecution (b) Even though P.W.1 shouted on seeing the accused beating the deceased, the neighbours did not come for the rescue, since the occurrence took place in the night hours and the same cannot be a ground to disbelieve the evidence of P.W.1 (c) Even though there is a contradiction in the evidence of P.W.4 and Seizure Mahazar Ex.P4 with regard to the seizure of M.O.1, knife, the same would not falsify the case of the prosecution, as the M.O.1 contained human blood, as per the Biologist Report Ex.P15 and Serologist report Ex.P16, which would also prove the overt acts attributed to the accused by P.Ws.1 and 2. (d) Similarly, the confession statement given by the accused at the time of his arrest, the admissible portion of which is marked as Ex.P13, would establish that the knife was seized from the accused and the khaki colour shorts, which he was wearing, contained blood stains. Further, when the same were sent for chemical analysis, it was reported that the khaki colour shorts and the knife contained human blood. Therefore, the evidence of P.W.1 that the accused was wearing lungi would not affect the case of the prosecution.