GOVINDASAMY Vs. STATE

JUDGEMENT

(1.) For having caused the death of Palaniammal by hitting an her face with a big stone and thenceforth for having committed robbery of her gold chain with pottu, in the course of the same transaction, at or about 5 p.m., on 10-3-1986 at Nahakka Kovil, Kathiranampatti village, appellant was charged under Sections 302, 392 and 394 I.P.C. in S.C. No. 5/88 on the file of the Sessions Judge, Anna District, Dindigul.

(2.) On conclusion of trial, learned trial Judge found the appellant guilty of all offences, with which he was charged and sentenced him to undergo imprisonment for life for murder and rigorous imprisonment for ten years each, for the offences under Sections 392 and 394 I.P.C.

(3.) Prosecution case in brief is as follows - Deceased Palaniammal was the wife of Perumal (P.W. 5) a Head Constable attached to special Branch, Natham, P.W. 1 (Palanisamy) a resident of Kathiranampatti, is a landlord as well as Poojari for Nahakka Kovil, situated at a distance of 11/4 K.M., on the south of the village. The villagers were in the habit of worshiping the deity therein on Monday, between 3 p.m. and 6 p.m. On 10-3-1986, at or about 4 p.m. P.W. 1 noticed the deceased arriving at the temple with a plastic wire basket M.O. 1. In that basked, he noticed M.O. 2, an eversilver tumbler. P.W. 1 used to clear the temple on every Monday morning and then leave its precinct. About an hour later, P.W. 1 noticed Mariammal (not examined) entering in to the temple. Shortly thereafter, Mariammal informed P.W. 1, who was working in his garden land, about a furlong away from the temple, that a woman as lying and groaning inside the temple, P.W. 1 in the company of Mariammal and Gopal (not examined) Proceeded to the temple and noticed injured Palaniammal groaning. Gopal and P.W. 1 lifted her and brought her outside the temple. They noticed injuries on her head and face. P.W. 1 went over again inside the temple and found therein M.O. 1, Plastic wire basket M.O. 2 eversilver tumbler, M.O. 5, a blue colour cloth bag, M.O. 6 a bent Vol., M.O. 7 Uthiratch Malai, M.O. 8 a white doller, M.O. 9 series, broken glass bangles, M.O. 10 Blood stained bib stone, M.O. 11 a broken tooth and M.O. 12 a silver talisman strewn on the ground. Mariammal was deputed by P.W. 1 to inform the aunt of the victim about all that size had seen. A little later, P.W. 5, husband of the deceased, came over to the scene with a taxi and recovered his injured wife, with the help of P.W. 1, in the said taxi to Government Head Quarters Hospital, Dindigul.