MANGILAL Vs. STATE

JUDGEMENT

(1.) THE sole accused in S. C. 2 of 2000 on the file of additional District and Sessions Judge (Fast Track Court -I) Chengalpattu is the appellant herein.

(2.) THE short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows: Due to misunderstanding, the accused had committed murder of his wife Gowri Bai on 5. 7. 1999 between 13. 30 hours and 15. 00 hours with a knife, stabbing her on her neck, right mandible region, left cheek and left chest causing instantaneous death. In this case, a complaint was preferred by the accused himself to P. W. 26, on 5. 7. 1999, at about 5. 00p. m. , who had registered a case in Cr. No. 269 of 1999 under Section 302 and 380 IPC. THE First information Report is Ex P21. P. W. 26 took up investigation and visited the place of occurrence prepared Observation Mahazar Ex P1 and also sought the help of sniffer dog which was brought to the scene of occurrence by P. W. 18 and the sniffer dog after taking scent at the place of occurrence lead the police up to the accused's grocery shop by name " Jagathambal Maligai" and finger prints were lifted from the knife recovered from the accused at the place of confession before P. W. 26 and the jewels which were said to be stolen away from the place of occurrence have been recovered from the complainant, and thereupon p. W. 26 arrested the complainant namely, the husband of the deceased and laid charge sheet under Section 3 02 IPC. THE case was taken on file by the learned judicial Magistrate No. 2, Thiruvallur as PRC 26 of 1999 and after furnishing copies to the accused under Section 207 Cr. P. c. , the learned Magistrate had committed the case for trial to the Court of Sessions under Section 209 Cr. P. C.

(3.) THE Point: THE entire case of the prosecution hinges upon the confession statement of the accused to P. W. 26 and thereupon the recovery of the jewels M. O. 1 to M. O. 6 and M. O. 17 cash of Rs. 14,700/- and M. O. 18 blood stained knife and M. O. 10 blood stained shirt, M. O. 11 blood stained underwear under exp27 to 29 mahazar. THE important point which goes against the accused is Ex p20, the complaint preferred by the accused to P. W. 26. In the complaint the accused has stated that on information from P. W. 2 his daughter , he went to his house and saw his wife lying dead with several stab injuries and a sum of rs. 14,700/- cash besides two pairs of silver anklets, three sovereign gold necklace, one pair of ear studs, silver bangles, silver thali , two silver ring were also lost. But the above said items of gold and silver ornaments and cash of Rs. 14,700/- were recovered under Section 27 of the Evidence Act by p. W. 27 on the basis of Ex. P. 26 confesion statement of the accused which is admissible in evidence. THEre is no explanation forthcoming from the accused, how he came into the possession of the above said cash as well as gold and silver articles alleged to have been stolen from his house after the occurrence. In Ex P26 confession statement, the accused narrates how he came into the possession of the above said silver and gold articles and cash. THE doctor, who had conducted autopsy on the corpse of the deceased has issued exp13 post mortem certificate which shows that the deceased was inflicted with as many as seven cut as well as stab injuries particularly injury No. 1 is on the neck region and there are about 3 stab injuries around the face and chest of the deceased. Injury No. 5,6 and 7 are injuries caused while resisting the attack by the deceased. Injury No. 2 is on the right side of the chin and injury no. 3 is on the left side of the chin and injury No. 4 is the left side of the chest. THE doctor had opined that the above said injuries would have been caused by M. O. 18 knife. THE knife was also recovered on the basis of the confession of the accused by P. W. 26. Investigation Officer. THE evidence of p. W. 24, the finger Print Expert is to the effect that the finger print lifted from M. O. 18 tallied with the right thumb finger print of the accused. Ex P30 is the Accident Register pertaining to the accused for the injury, he had sustained in the fingers. THE injuries of the accused were not explained in this case by the accused. So, the learned Sessions Judge has come to a correct conclusion that the guilt under Section 302 IPC has been proved beyond reasonable doubt basing on the above evidence coupled with the Medical evidence of the doctor P. W. 21.