GOPAL Vs. STATE REP

JUDGEMENT

(1.) This Cri. A. No. 79/1989 is filed by the appellant-Gopal against the conviction and sentence imposed by the Principal Sessions Judge, Salem in S.C. 76/1986 . The appellant was convicted for an offence under S. 304, Part I, IPC and sentenced to undergo R.I. for 7 years.

(2.) On the side of prosecution 13 witnesses were examined and 23 documents were marked. M.Os. 1 to 26 were also marked. The prosecution case is as follows :- The appellant is a resident of Kundalpatti Village. The deceased Pachaiammal is his third wife. Their marriage was registered in the registrar's office. After the marriage of the deceased, the appellant married another woman by name Thulasiammal. So, the deceased Pachaiammal filed a complaint against the appellant/accused under S. 494, IPC. The complaint is Ex. P. 1. Then on intervention of the panchayatdhars the matter was settled by which the appellant agreed to settle his property measuring about 1-42 acres in favour of the deceased Pachaiammal and in view of the said panchayat, the deceased withdrew the complaint. Then as per agreement he settled the properties by executing a settlement deed in favour of the deceased. The said deed is Ex. P. 2. Thereafter, the land was enjoyed by the deceased. For some period both the appellant and the deceased were living together. But some time later since there was quarrel between the husband and wife, the deceased left matrimonial home and joined her parents in the same village. In the land settled by the appellant in favour of the deceased, there was a Kottagai. On 29-1-1986 the deceased gave complaint to the Kaveripattinam Police stating that the appellant set fire to the Kottagai which was in her land. P.W. 10 Sub-Inspector of Police registered the case under S. 436, IPC. The printed FIR is Ex. P. 3. On 19-3-1986 the deceased Pachaiammal gave another complaint Ex. P. 4 to the police stating that she was assaulted by the appellant. On the same day the appellant also gave a counter complaint Ex. P. 19 stating that he was also assaulted by the wife. P.W. 10 received both the complaints and conducted an enquiry and closed the matter by interrogating both the parties on 25-3-1986.

(3.) The occurrence in question took place on 30-4-1986 at 2-00 p.m. in the land belonged to the deceased which was previously settled in her favour by the appellant. P.W. 1 Devendran is the sister's son of the deceased, Pachaiammal P.W. 5 Arumugam is the sister's husband of the deceased Pachaiammal. At the time of occurrence both P.W. 1 and P.W. 5 were proceeding towards Kundalapatti Village in a bicycle, to go to tea shop and the rationshop. When they were on the way to their destination, they had to cross the said land. At that time, they saw the appellant and the deceased quarrelling. Suddenly the appellant with Koduval M.O. I gave indiscriminate cuts on the neck of the deceased. P.W. 1 and P.W. 5 tried to prevent him but they did not go near him since they afraid of their lives. The deceased thought warded of the attack through her hands, the appellant gave continuous and indiscriminate cuts repeatedly all over the body on her head and other parts of body . Then the appellant severed her head and proceeded to the police station along with M.O. 1 and the severed her head. At the time P.W. 2 V.A.O. Muthuswamy after collecting the tax amount was coming on the way. P.W. 1 and P.W. 5 informed the same to P.W. 2, V.A.O.