ROCK BELLER Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S.C.No.339 of 2003 on the file of the Principal Sessions Judge, Chennai. It is a case of matricide. According to the prosecution the accused was having a grudge against his mother, who had left the matrimonial home, and was living with P.W.5-Thiru Joseph Louis. The accused on 27.05.2003 at about 6.00 a.m. came to the house of P.W.5 where his mother, the deceased was living had assaulted his mother, Victoria with iron pipes and also had slited her throat with a knife causing instantaneous death.

(2.) THE complaint was preferred by P.W.1, Dakshayani, who is the landlord of the house in which P.W.1 and the deceased were residing. P.W.2 to P.W.4 are the neighbours of P.W.1, who are the ocular witnesses in this case according to the prosecution. Ex. P.1-complaint was preferred to P.W.8-THE Inspector of Police, who had registered a case under Section 302 I.P.C. in Crime No. 654 of 2003 on the basis of Ex. P.1, complaint and Ex.P.8, the printed FIR. P.W.8, the Investigating Officer visited the place occurrence and prepared Ex.P.2, Observation Mahazar and Ex.P.9, Rough sketch. THEreafter, he had conducted inquest in the presence of Panchayatars. Ex.P.10 is the inquest report. After observing other formalities and after examining the witnesses and recording their statements he has arrested the accused at 6.45p.m. on 27.05.2003 itself and had sent the accused for judicial custody. After completing the investigation P.W.8 has filed the charge sheet against the accused.

(3.) P.W.2 to P.W.5 have also treated as hostile witness because they have not deposed to the fact that they have seen the accused assaulting the deceased with iron pipe and knife. But the fact remains that all the witnesses i.e. P.W.1 to P.W.4 have cogently and coherently stated that at the place of occurrence viz, in the ground floor inside the house the deceased Victoria was lying dead and the accused was found near the dead body with a knife (M.O.1) and iron rod (M.O.2). P.W.5 has categorically stated in his evidence and during the examination that at the time when he saw the house on 27.05.2003 at 6.40 a.m. the door was found locked from inside and at that time, the accused was found inside the house and the deceased Victoria was lying dead in a pool of blood. He had also seen the accused, holding a knife (M.O.1) in his hand and the iron pipe (M.O.2) was found inside the house. P.W.5 has spoken to the effect that the deceased Victoria was already married with one Densy, who is the father of the accused and that he (P.W.5) had married with one Manjula in the year 1990. But due to some misunderstanding in the family, Manjula got separated and living at Pattukottai within three months after the marriage and that he is residing at the place of occurrence with the deceased Victoria and his mother Rose Mary some three moths prior to the date of occurrence. P.W. 4, P.W.3, P.W.2 have also spoken to the fact that the accused was arrested by the police from the house after broke open the door. Even during incriminating circumstance were put to the accused the accused had admitted that he was arrested by the police in the place of occurrence, but, he has not given any explanation for his presence at the place of occurrence inside the house boalting the door from inside.