MUTHAN ALIAS NAMBIAN Vs. STATE

JUDGEMENT

(1.) IN S. C. No. 25 of 1991 on the file of the Principal sessions Judge, Erode, Periyar District, the appellant was charged and tried for the offences under Sections. 302 and 309 INdian Penal Code and was sentenced to undergo imprisonment for life and simple imprisonment for six months respectively on an allegation that on 23-2-1990 at about 10. 00 a. m. at Kolakadu of Madathupalayam Village, within the limits of Gundadam Police Station, the appellant Muthan @ Nambian stabbed the deceased Amassai with a knife and caused her dealt and that thereafter he attempted to commit suicide by stabling himself on his abdomen with the same knife.

(2.) TO substantiate the above charges, the prosecution examined P. Ws. 1 to 14, filed Exs. P-1 to P-15 and marked M. Os. 1 to 26. On the side of the defence, Ex. D-1 was marked.

(3.) P. W. 13, Inspector of Police on receipt of the message, came to the Kundadam Police Station at 3. 15 p. m. He took up further investigation and reached the place of occurrence at 04. 00 p. m. He prepared the observation mahazar Ex. P-3 and rough sketch Ex. P-14. He arranged to take photographs through Photographer. M. O. 25 series is the Photographs and M. O. 26 series is the negatives. Then at 4. 30 p. m. P. W. 13 recovered M. O. 1 blood stained knife, M. O. 2 pair of chappals, M. O. 3 white towel M. O. 4 bloodstained cream colour turkey towel, M. O. 5 plastic bag containing cow peas, M. O. 6 series three gunny bags M. O. 7 Atlas Cycle, M. O. 8 Bloodstained earth from the place where the accused was lying M. O. 9 sample earth from the same place, M. O. 10 bloodstained earth and M. O. 1 1 sample earth from the same place where the body of the deceased was lying, M. O. 12 clotted blood from the same place where the deceased was lying and M. O. 13 sample earth from that place under Ex. P-4 mahazar. Between 05. 00 p. m. and 07. 00 p. m. he held inquest and examined P. Ws. 1,2 and others. The inquest report is Ex. P-15. Then sent he the dead body through P. W. 10 Constable along with the requisition Ex. P-8.