KANNAN Vs. STATE

JUDGEMENT

(1.) THE appellant in this appeal stands convicted in S.C. No. 145 of 2002 on the file of the Additional Court of sessions (Fast Track Court), Vellore district atTirupattur for offences under Sections 302 and 201 I.P.C. and sentenced to undergo imprisonment for life together with a fine carrying a default sentence and rigorous imprisonment for three months respectively. Hence the present appeal. THE prosecution case is that on the night of 14.3.2001, the accused murdered his wife by strangulating her and then to screen the offence he threw the dead body into the well and therefore punishable as referred to above. THE prosecution examined P.Ws. 1 to 16 besides making Exs. P.1 to P.13 and M.Os. 1 to 11. THE defence neither let in any oral nor documentary evidence. Heard N. Duraisamy, learned counsel appearing for the appellant and N.R. Elango, learned Additional Public Prosecutor for the State.

(2.) P.Ws. 3 and 4 are the father and mother of the deceased. P.W.1's wife by name Sumathi is a councillor of the Village Panchayats. P.W.1 is an agriculturist by profession besides selling bricks and doing contract work. He knows the accused. On the 15th of a month in the year 2001, when P.W.1 was near his house, the accused appeared before him and confessed. P.W.1 initially advised him to go to the police station. Then he advised him to go to the Village Administrative Officer (P.W.7). The accused told P.W.1 that he had already gone to the Village Administrative Officer, but he is not available. P.W.2 was by the side of P.W.1. At that time, the accused confessed that he married Radha, since deceased hardly one and half years before but however they were happy only for a period of two months. Thereafter there was quarrel between the two. As P.W.1 did not know to write, he asked P.W.2 to reduce into writing as to what the accused would narrate. The accused confessed as hereunder:-

(3.) WHEN the accused was questioned under Section 313 of Cr.P.C. on the basis of the incriminating materials made available against him, he denied each and every circumstances put up against him as false and contrary to facts. As already noted, neither oral nor documentary evidence was brought before Court at their instance. He denied the evidence of P.Ws.1 and 2 that he had confessed before them. He also added that he was compelled to sign in the statement. At the end of his questioning, he had stated as hereunder:-