BALU BALUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) For having caused the death of his wife Mathammal, by stabbing her in the abdomen/flank portion, with a sun knife, at or about 5.00 p.m. on 5-4-1984, at Jarugu village, appellant Balu alias Balusamy, was charged under Section 302, I.P.C. in Sessions Case No. 57 of 1984 on the file of Court of Session, Krishnagiri at Dharmapuri. He was further charged under Section 326, I.P.C. for having caused grievous hurt to P.W. 1 Kasi, in the course of the same transaction. A third charge under Section 324, I.P.C. was also framed alleging that the appellant caused hurt with the same sun knife on P.W. 2, Chinna Mookan when he intervened.

(2.) After an elaborate trial, learned trial Judge found the appellant guilty of all the charges. For the capital offence, he was sentenced to undergo imprisonment for life, while under Charges 2 and 3, he was sentenced respectively to undergo rigorous imprisonment for three years and one year. Substantive sentences of imprisonment were directed to run concurrently.

(3.) The prosecution case fans within a narrow compass. Appellant and deceased Muthammal had married just three months prior to occurrence. They were residing in Jarugu village. P.W. 1, Kasi, who had moved closely with deceased Mathammal, from her younger days was also a resident of the same village. P.W. 2, Chinna Mookkan, another eye-witness, is related to the deceased, in that the latter happened to be the daughter of his co-brother. P.W. 3; Jayaraman, another resident of Jarugu village, has given his eye-witness account of the incident virtually corroborating the versions of P.Ws. 1 and 2. On 5-4-1984 at or about 5-00 p.m. appellant went over to the shandy after collecting RS. 2/- from his wife. When he returned from the shandy, the deceased noticed that the appellant had a knife in his pocket Deceased then went out to pick up fire-wood. Appellant followed her and after some time, engaged himself in chasing her. Unable to run, the deceased fell down. Appellant stabbed her on the abdominal region. When the deceased caught hold of the knife with both her hands, she sustained injuries in her hands also. P.W. 1 obstructed the accused and hence received grievous hurt, (neck and chest) on being caused by the appellant with the same knife. P.W. 2 questioned the appellant as to why he had attacked the intervener and in that process, he also sustained a simple injury. Injure Mathammal, P.W. 1 and P.W. 2 were taken by certain villagers to Government Hospital, Dharmapuri. Deceased Mathammal was then accompanied by her father. She was allegedly assaulted by her husband on the same day at 5-00 p.m. with a knife, on her hands. P.W. 5, Dr. Basheeth, noticed three injuries on her, namely, (1) an incised injury on the left side abdomen i" x 1/2" with protruding omentum, (2) an incised injury 1,, x 1/2 x 1/2 on the left palm and (3) an injury 1 x 1/2 x 1/2" on the right wrist joint. Ex. P4 is a copy of the accident register. P.W. 5 admitted injured Mathammal in female surgical ward and sent intimation to P.W. 7, Judicial I Class Magistrate, Dharmapuri, to record the dying declaration of Mathammal.