BABU Vs. STATE

JUDGEMENT

(1.) THESE appeals arise from the judgment of the learned Principal Sessions Judge, North Arcot at Vellore, in S.C. No.164 of 1988 convicting the appellants for the offences under Secs.302 and 392 read with Sec.34, I.P.C. and sentencing them to undergo life imprisonment for the offence under Sec.302 read with Sec.34 and also to suffer imprisonment for ten years and to pay a fine of Rs.100 each, in default to suffer six months rigorous imprisonment for the other offence. The occurrence had taken place on 24.10.1987 in Ambur Valayalkaran Street within Ambur Police limits of North Arcot District (Ambedkar District).

(2.) THE facts of the prosecution case can be stated as follows: P.W.1 is a native of Ambur living in Valayalkaran Street having the business of running a van for hire through a driver, P. W.4 and in addition to that he was also assisting the persons for obtaining the vehicle permits. As he was engaged in obtaining the vehicle permits, most of the days he was staying at Madras and once in a week he used to visit his house at Ambur. His wife, the deceased Saraswathiammal, was alone staying in his house as their son was living in another place, as he is an insane person. THE driver (P. W.4) used to hand over the collection and the key of the vehicle to one Deva in the Bazaar as per the directions of P. W.1, but leave the vehicle in front of the house of P.W.1. THE daughter of P.W.1, P.W.2 Vasantha was given in marriage in Jolarpet. In 1987, Deepavali fell on 21.10.1987 and P.W.1 after celebrating Deepavali and also attending the next day nombu, left for Madras on 22.10.1987. On 24.10.1987 P.W.4 as usual came to the house of P.W.1 for taking the vehicle, and he also talked to the deceased Saraswathiammal, who was in the house at that time. In the evening, P.W.5 who is residing two houses away from the house of the deceased, came to the house of the deceased, had a chat with her by about 3 p.m. and left the house.

(3.) P.W.23, the Inspector of Police, Ambur, after receiving the information, came to the scene of occurrence at 10.30 a.m. on 26.10.1987 and prepared an observation mahazar, Ex.P-3 in the presence of P.W.7. He prepared a rough sketch Ex.P-19 and conducted the inquest between 11.30 a.m. and 2.30 p.m. in the presence of panchayathars and prepared the inquest report, Ex.P-20. He examined P.Ws.1 to 5 at that time. From the scene of occurrence he recovered M.O.1, the grinder, M.O.14 broken lock and M.O.17 the crowbar in the presence of P.W.7 and another under a mahazar, Ex.P-4. The body of the deceased was handed over to P.W.10 for being taken to the hospital for post-mortem along with a requisition, Ex.P-5. P.W.9, the Medical Officer attached to Government Hospital, Thiruppur, received the body of the deceased on 26.10.1987 and at 4 p.m. she commenced the post-mortem. She found the body bloated, both upper limbs, face, chest and back were bluish in colour, blisters seen over the face, neck, over both arms and over breast, maggots were found crowing over the nostrils and mouth and bluish discolour was present on the back of both buttocks and back of both lower limbs. Foul smell was emanating. The skin around the neck was in a highly decomposed stage and she could not find any external injury on the body. On opening the body, foul smell gas emanated with loud sound. On dissecting the neck, the muscle, subcutaneous tissue and blood vessels were all in decomposed stage. Both cornea of hyoid bone were found fractured. The lungs had blisters. The stomach contained 4 ozs. of cooked rice. Nothing abnormal was found in the other internal parts of the body. The viscera report, Ex.P-6 was received by P.W.9 and P.W.9 was of the opinion that the death should have been due to asphyxia caused by strangulation 48 hours prior to the post-mortem. Ex.P-7 is the post-mortem certificate issued by P.W.9.