SELVAKANI @ KANI Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted in Sessions Case No. 486/1993 on the file of Court of Sessions, Tirunelveli, under Section 302, IPC, for which he stands sentenced to undergo imprisonment for life. The prosecution case is that the accused, by administering poison to his wife in his house at 01.30 a.m. on 07.10.1992, i.e. on the intervening night of 06.10.1992 and 07.10.1992, killed her. Heard Mr. K. Samidurai, learned counsel appearing for the appellant and Mr. K. Chellapandian, learned Additional Public Prosecutor for the State.

(2.) P .W.1 is the father of the deceased. Her marriage with the accused is a love marriage. The marriage was registered in the office of the Registrar of Marriages (Sub -Registrar Office), Nanguneri on 27.02.1990. However, the couple was not welcomed in the bridegroom's house, by the inmates, opposing that they are going to give their son/accused in marriage to a different girl and therefore the deceased can be taken back home. This made P.W.1 to provide accommodation to his daughter and the accused in the second floor of his house. There used to be quarrel often between the two, but however they did not mind it. On the night of 06.10.1992 Valarmathy (since deceased) took to her bed in the upstairs. P.W.1 was sleeping in the pial in the ground floor, while P.W.2 and his daughter were sleeping inside the house. Around 01.30 hours in the morning, they heard some moving noise attracting their attention. Immediately he and P.W.2 went upstairs and switched on the light. They smelt the smell of a poison called 'Rogor' from the mouth of their daughter and she was frothing through her mouth. Her hands and legs were tied with a nylex sari. The accused was standing by his side. To the question as to what happened, without answering he ran out of the house. P.Ws.1 and 2 cried and P.W.2 went out and with the help of P.W.3 brought his bullock cart. P.Ws.1, 2 and 4 took Valarmathy in the bullock cart to the Government Hospital at Nanguneri and reached there at about 3.45 a.m. The police at Nanguneri was informed and P.W.10 came to the hospital. He gave the complaint to P.W.10 which was reduced into writing by him. P.W.10 read over the complaint to him in which he had signed. Ex.P -1 is the said complaint, attested by P.W.2. Valarmathy died at 9.00 a.m. in the morning. He was examined by the Inspector. P.W.2's evidence is also on the same line as to what P.W.1 spoke in Court.

(3.) P .W.9 is the medical officer in the Nanguneri Government Hospital during the relevant time. At 3.00 a.m. on 07.10.1992, i.e. on the intervening night of 06.10.1992 and 07.10.1992, he admitted Valarmathy in the hospital for treatment. Her relatives told him that since a poison called 'Rogor' had been administered to her in excessive quantity, she was suffering. Valarmathy was unconscious. She was admitted as an in -patient and treatment was given. Despite treatment, she died within few hours. Ex.P -5 is the intimation sent by him to the police and Ex.P -6 is the Accident Register. Ex.P -7 is the death intimation. P.W.10 is the Head Constable in the Nanguneri Police Station during the relevant time. On receipt of the intimation from the hospital at 4.00 a.m. on 07.10.1992, he reached Government Hospital at Nanguneri and observed Valarmathy in an unconscious state, as an in -patient in the female ward. P.W.1 was by her side, from whom he got the complaint, which he reduced into writing. He read it over to him and then got his signature in it. P.W.2 attested the complaint as a witness. He came back to the police station and registered the said complaint in Crime No.614/1992 under Section 307, IPC. Ex.P -8 is the printed F.I.R. Then he sent the express records to the higher officials as well as to the Court. P.W.12 is the Constable on duty in the investigation police station. He produced the express records in this case in the residence of the Magistrate at Nanguneri at 8.00 a.m. on 07.10.1992. Ex.P -10 is the passport given to him.