RAJA Vs. STATE

JUDGEMENT

(1.) THIS is a case of double murder, in which the sole appellant, Raja, faced his trial in Sessions Case No. 12 of 1988, before the learned Sessions Judge, South Arcot at Cuddalore. Two charges were framed against the appellant, one in respect of each of the deceased, under Sec.302, I.P.C. The allegations in the charges are that on the night of 30/31.8.1987, at or about 2.00 a.m. in the front yard of his house at Keezhakuppam Village, appellant did commit the murder of his wife Chinna Pillai, by cutting her with an axe on her head and right fore-arm and in the course of the same transaction, he did commit the murder of his four year old daughter, Gunasundari, by cutting her with an axe on her head, abdomen and other parts of the body, leading to instantaneous deaths of both of them. Hereinafter, we shall refer to Chinna Pillai as D-1 and Gunasundari as D-

(2.) ON termination of trial, learned trial Judge found the appellant guilty of murder (two counts) and sentenced him to undergo imprisonment for life under each count. Substantive sentences of imprisonment were directed to run concurrently. 2. Let us now state the case of the prosecution, as could be discerned from the evidence brought on record. D-1 was married to the appellant in or about 1984 and they had two male children and one female, born on the said marriage. Appellant, after getting himself intoxicated, was in the habit of constantly fighting with his wife, which, in turn, led to the latter seeking refuge in the house of her elder brother, P.W.6 Ramanujam. A few days later on every occasion, appellant would proceed to the house of the parents of D-1 and get her back, naturally, after pacification. Approximately about six months prior to occurrence, as a result of one of the boots of quarrel between the spouses, D-1 went away to her parental house and at or about that time, appellant, who was angered and aggrieved, almost planned, to put an end to the life of his wife. ON the evening prior to occurrence night, at 6.00 p.m., D.1 arrived at her residence, after attending a marriage. Two hours thereafter she went along with her children to the residence of P.W.5, Devarajan a neighbour. P.W.2, Ratnavel and P.W.3, Manickavel, are her sons, While D-2 is her daughter. D-1 was engaged in conversation with P.W. 5. At or about that time, appellant came over to the house of P.W.5 and called D-1 to come home and feed him. D-1 refused and added that the appellant could go home and himself serve and eat his food. At or about 10.00 p.m. on the same night D-1, D-2, P.W.2 and P.W.3 returned to their residence, since they were feeling sleepy.

(3.) ON the same day, at 5.45 p.m., the same doctor commenced autopsy on the dead body of D- 2. She found the following injuries on D-2.External injuries:1. Obliquely placed eliptical shaped incised wound of 6 cm x 2 cm. on the back, lower at the midline, at the level of T-10 upper and 1 cm. lateral to the midline. Probe passing through the abdominal cavity. 2. Eliptical shaped incised wound of 5 cm x 11/ 2 cm. on the abdomen, lower border of 10th rib on the left side at the mid clavicular line. Intestines and omentum protruding through the injury. 3. An incised wound of 5 cm x 1 cm. on the left side of face, starting from outer can thus of left eye, to the lower end of the left ear lobe x bone depth exposing fractured ends maxillary bones. 4. Left sided horizontally placed eliptical shaped incised wound of 12 cm x 4 cm starting from the upper border of the left ear goes upwards and medically and end at the midline of frontal area, exposing fractured ends of frontal and temporal bone. 5. An incised wound of 7 x 3 cm x bone depth on the left side of the occipital region. All the above injuries are ante-mortem in nature.Internally, she noticed omentum protruding through the opening of the greater curvature. She also noticed that liver was pierced at the right lobe upper surface 1 Rs x 3/4 cm (entrance) and lower surface 1 x 1/2 cm. (exit). Cut section of spleen and kidneys were found to be pale. ON the head, there was fracture of frontal bone, left temporal bone and occipital bone and left parietal bone. ON the spinal column, there was fracture of 9th and 10th thoracic vertebrae. Spinal-cord was also found severed at the level of 9th and 10th thoracic vertebrae. In the opinion of the doctor, D-2 would have died of shock and hemorrhage as a result of injuries sustained, 17 to 18 hours prior to conduct of post-mortem. Ex.P-9 is the post-mortem certificate. External injuries 1 and 2 in Ex.P-9 correspond to internal injuries shown under the heading stomach and liver. Likewise, external injuries 3 to 5 correspond to internal injuries shown under the heading membrances, brain, spinal column and spinal cord. External injuries 1 to 5 with their corresponding internal injuries independently were sufficient in the ordinary course of nature to cause death. These injuries could have been caused with a weapon like M.O.1.