BALU ALIAS BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted in S.C. No.154 of 2004 on the file of the Court of Sessions, Villupuram under Section 302, I.P.C., for which he stands sentenced to undergo imprisonment for life together with a fine of Rs.2,000/- carrying a default sentence. He is therefore challenging his conviction in this Appeal. Heard Mr. A. Sirajudeen, learned counsel appearing for the appellant and Mr. N.R. Elango, learned Additional Public Prosecutor appearing for the State.

(2.) ACCORDING to the prosecution, the accused killed his wife by name Lakshmi at about 8.00 a.m. on 8.10.2003 in his house by throttling her neck and then banging her head in the nearby pillar, as a result of which, she suffered suffocation and therefore triable under Section 302, I.P.C. The prosecution in all examined 12 witnesses as P.Ws. 1 to 12 besides marking Exs. P.1 to P.13 and M.Os. 1 and 2. The defence neither let in any oral nor documentary evidence.

(3.) P.W.6 is the duty doctor in the Government Hospital at Villupuram, who on receipt of the dead body and the requisition commenced post-mortem on the dead body at 12 noon on 9.10.2003 and during post-mortem, she found various symptoms as noted by her in Ex.P.7, the post-mortem report. Ex. P. 6 is the report on Hyoid Bone, which shows that the Hyoid Bone was intact. The symptoms noted in the post-mortem report are as hereunder: Body of a female, lies on its back, (n.c.) bloated, post-mortem blisters seen over the anterior chest wall, both upper limbs ant (n.c.) wall, back. Blood stained fluid coming out from both nostrils and mouth. Both eyes protruding out, tongue pro-truding out. Both breasts well developed, Axillary hair present, external genitalia well developed. Pubic hair present. No discharge from the external genetalia and no injuries seen around. External Injuries : Linear coloured area 3 in number running vertically from the lower border of left joints the middle of the left cheek - dar-kish red in colour of sized: (1) 4 x 1 cms (2) 5 x 1 cms (3) 3 x 1 cm at an interval of 1 cm each. Internal Examination: Thorax: Ribe intact. . Heart: Congested, Chambers Empty Lungs: Both sides of the lungs (n.c.) odematous, severely congested - reddish. Hyoid Bone: Intact. Sent for examination. Epigloths, Larynx: Congested. Trachea: mucous membrane congested. Abdomen: On opening the abdomen the gas escapes with a loud noise. Stomach: contains 50 ml. of brownish coloured fluid. Liver, Spleen, Kidneys: congested. Intestines: Distended with gas. Bladder: congested, empty. Uterus: Congested normal in size, cavity empty. Pelvis intact. Head: Skull - Extravasation of blood - 50 ml. of partially clotted blood seen in the Left Parietal temporal region. Skull Bone: Intact. Membranes congested. Brain: Liquified and the liquified brain matter pouring out of the skull. Spinal column & spinal cord: intact.- Doctor opined that death would have occurred 48 to 60 hours prior to autopsy as a result of asphyxia. The post-mortem report also shows that the Viscera Report did not show any poison or alcohol in the system. P.W.12 after receipt of the post-mortem report altered the Section of offence into one under Section 302, I.P.C. and prepared Ex.P.13, the altered express First Information Report. After completing all the other legal formalities, P.W.12 filed the Final Report in Court against the accused on 24.11.2003 under Section 302, I.P.C.