SATHIYAMURTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SATHIYAMURTHY, the appellant herein has been convicted for the offence under Section 302, I.P.C. for having killed his wife and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000. Challenging the same, this Appeal has been filed.

(2.) THE case of the prosecution is as follows:(a) THE accused Sathiyamurthy is the husband of the deceased Meena alias Radhika. Both were living at Periyanatham Village, Chengalpattu.(b) THE accused adopted a female child, by name Nandhini. THE child was brought up by both the accused and the deceased and the parents of the accused. After some time, the deceased gave birth to a female child Sandhya and from then onwards, the adopted child was not taken care of. Subsequently, the adopted child died. With reference to the death of the adopted child, a case was registered against the deceased, the wife of the accused, and she was arrested and subsequently, she came out on bail. After coming out on bail, she stayed with her brother and father (P.W.1 and P.W.2 respectively). THE accused had a grudge against the deceased, since she was responsible for the death of his adopted child Nandhini.(c) On 27.2.2001 at about 10.00 p.m., the accused took the deceased near the Railway track at Singaperumal Koil Railway Station and attacked her with M.O.2 - hack-saw blade by cutting the neck of the deceased. THE accused also took M.O.1 stone and threw it on the face of the deceased, with the result, the deceased died on the spot.(d) Next day, i.e. on 28.2.2001, P.W.1-Mohan, the brother of the deceased, on coming to know that the body of his sister was lying on the Railway track, went and saw the dead body and gave a complaint (Ex.P-1) to P.W.1 1 - Sub-Inspector of Police. A case was registered for the offence under Section 302, IPC by P.W. 11 on 28.2.2001.(e) P.W.12 - Inspector of Police took up investigation and went to the scene of occurrence and observed all formalities. He examined the witnesses and conducted inquest. THE dead body was sent for conducting post-mortem.(f) P.W.8 - Doctor conducted post-mortem and issued Ex.P-4 - post-mortem certificate, wherein, the Doctor opined that "the deceased would appear to have died of cumulative effects of stab wound to the region of neck, impact of compression of neck and crush injuries to head".(g) In the meantime, the accused surrendered before the Court on 1.3.2001. P.W.12 - Inspector of Police obtained police custody of the accused on 7.3.2001 and on his confession on 8.3.2001, M.O.2 - hack-saw blade was recovered.(h) After completion of the investigation, the charge-sheet was filed against the accused for the offence under Section 302, I.P.C.

(3.) WE have considered the submissions made by learned counsel on either side.