CHINNAPILLAI Vs. STATE

JUDGEMENT

(1.) THIS is appellant stands convicted by the learned First additional Sessions Judge, Salem in S. C. No. 32 of 1988 to undergo life imprisonment for the offence under sec. 302, I. P. C.

(2.) THE prosecution rests upon the confession of the appellant corroborated by certain circumstances. THE prosecution case in brief is as follows: THE deceased Kadireasan and the appellant/ accused belonged to Navaladipatti Village within the police limits of erumaipatti Police of Namakkal Taluk. THE appellant had lost her husband some years ago and was living with her daughter P. W. 4. THE deceased had sold his house to the appellant for a sum of Rs. 610 a few years before the occurrence and thereafter, he was living in the vacant site of his uncle, who is living in Ceylon . THE deceased, who was looking after his uncle' s land, gave that land to the appellant for lease cultivation, receiving lease advance of Rs. 1,000. But one year before the occurrence, without repaying the advance amount to the appellant, he let out the land to P. W. 5 on the annual lease of Rs. 250 and thereafter, left for Kerala. Four days prior to the occurrence, he returned to Navaladipatti Village . He had illicit intimacy with the appellant from the previous years and after his return from kerala, he approached the appellant for the sexual intercourse, but as the appellant had grievance against the deceased for his conduct of leasing his uncle' s land to p. W. 4, she refused to accede. On 6. 9. 1987 at about 4. 00 p. m. the deceased was reviling appellant and her daughter, calling them as women of immoral character, having illicit intimacy with several persons. P. W. 2, whose house is situated adjacent to the site in which the deceased had stayed, told him, not to use such filthy language when there are women folk around. But the deceased told him that if he was not able to tolerate, let him close his windows. THErefore, P. W. 2 closed his windows to avoid the hearing of the filthy words On that night, the deceased entering into the house of the appellant, raped her and also bitten her private part. He also told her that she became old and she should provide her daughter Janaki for his sexual pleasure, otherwise he would do away with her. THEreafter, he returned and was sleeping in the vacant site. THE appellant feeling that the deceased would spoil the life of her daughter also, thought of killing him and therefore by about 1. 00 a. m. when the deceased was sleeping, she dropped the stones M. Os. 1 to 3 on his head and also gave a blow with M. O. 6 wooden stick on his face making him lifeless. She, thereafter, left the village.

(3.) AN abrasion 1 cm. x 1/2 cm. over anterior aspect of right mid finger in distal phalanx. Internal examination revealed extravasation of blood beneath fracture site. Iwra cranial haemorrhage present. The Doctor was of opinion that the deceased should have died of shock and haemorrhage due to head injury about 30 to 40 hours prior to the post mortem. Ex. P-16 is the post-mortem certificate issued by the Doctor. After post-mortem P. W. 9 handed over mos. 8 to 13 the bedsheet dhothi, half drawer. Towel, Full hand shirt, and the waist cord which were on the body, to the Station Officer. 7. P. W. 12, the Inspector of Police, suspected the appellant as she was found absconding and he arrested her on 9. 9. 1987 in powthram weekly shandy in the main road leading to Thuraiyur. In the presence of P. W. 1, the Village Administrative Officer the appellant on enquiry gave a statement, the admissible portion of which is marked as Ex. P-5, stating that she would produce the wooden stick. She took the Police Officer, Village administrative Officer and others to Navaladipatti lake and underneath from a rock, she took out M. O. 6 wooden stick. P. W. 12 seized the same under mahazar ex. P-6. He also seized the green coloured inskirt of the accused, M. O. 7 under ex. P-7 Mahazar in the presence of the Village Administrative Officer. As the appellant was prepared to confess the guilt, the Inspector of Police sent a requisition Ex. P-8 to the Chief Judicial Magistrate, Salem to arrange for recording the confession of the appellant. The Chief Judicial Magistrate requested P. W. 6, the Judicial Magistrate, Paramathi to record the confession of the appellant. P. W. 6 addressed under Ex. P-9 to the Jail Authorities for production of the appellant before court and after sufficient warning P. W. 6 recorded the confession statement of the appellant on 16. 9. 1987. Ex. P-13 is the confession statement. P. W. 6 issued a certificate Ex. P-14 for recording such confession. The Inspector of Police sent the requisition Ex. P-18 to the judicial Magistrate, Namakkal, to cause sending of the seized materials for the forensic examination. The Judicial Magistrate sent the articles under the covering letter Ex. P-19. The forensic lab after examination of the articles, sent the forensic report Exhibit P. 20 and the Serologist' s report Ex. P-21. The Inspector of Police p. W. 12 after completing the investigation, filed up charge sheet against the appellant under Sec. 302, I. P. C.