M G R ALIAS CHIDAMBARAM Vs. STATE

JUDGEMENT

(1.) THE appellant along with two other accused, was tried in S. C. No. 158 of 2005 as A1 by the Additional Sessions Judge Dharmapuri. By the Judgment dated 12. 12. 2006, he was found guilty under Section 302 I. P. C. and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- in default to undergo rigorous imprisonment for three months. Learned Additional Sessions Judge, however, acquitted the other two accused viz. , A2 and A3.

(2.) THE deceased is the wife of the appellant/accused. Appellant had suspected the fidelity of the deceased. Therefore, there was a quarrel between them and the deceased had left the company of the appellant and started living with her parents for a period of nine months prior to the date of occurrence. On 16. 4. 2003 at about 10. 45 p. m. , the appellant along with two others viz. , A2 and A3, came in a TVS 50 moped to the place of occurrence. At that time, the deceased and P. W. 1 were sleeping outside the house and more particularly the deceased was sleeping in the nearby cattle shed. The other members of the family including P. W. 2 and P. W. 3 were sleeping inside the house. On hearing the shouting from the deceased, P. W. 1 got up and saw the accused stabbing the deceased on her left chest. While she also shouted, the accused threatened her that if she shouted, she would also be murdered. Thereafter, the accused flood away from the scene of the occurrence leaving the TVS 50 moped. P. W. 2 also heard the shouting, came from the scene of occurrence and saw the accused running away from the scene of occurrence. The deceased had succumbed to the injuries on the spot and P. W. 1 gave the complaint Ex. P. 1 at 6. 30 a. m. on 17. 4. 2003 to P. W. 9, the Sub-Inspector of Police, Perumpalai Police Station.

(3.) P. W. 9 registered a case in Cr. No. 248 of 2003 under Section 302 and 506 (ii) I. P. C. , Ex. P. 12 is the F. I. R. He sent the same to the Judicial Magistrate concerned through P. W. 10, Gr. 1 Police Constable and submitted the copies of the F. I. R. and other records to the in-charge Inspector to Police, Hokenakkal Police Station and other higher officials. On receipt of the records relating to Ex. P. 12 from P. W. 9, P. W. 12 the Inspector of Police went to the scene of occurrence, and prepared Ex. P. 13 rough sketch in the presence of witnesses. P. W. 12 conducted the Inquest in the presence of Panchayatdars and sent the body of the deceased for post mortem through P. W. 11, Head constable and recovered M. Os. 7 to 9, blood stained saree, jacket and inskirt of the deceased through P. W. 11. He also made arrangements to take photographs of the deceased in the scene of occurrence and handed over the case records to P. W. 13 regular Inspector of Police of Pennagaram Police Station, who had returned from other duty. P. W. 13 took up further investigation and recorded the statement of witnesses. Since the first accused surrendered before the Harur Judicial Magistrate's Court, he has taken the first accused on police custody and recorded his confession statement in the presence of the witnesses. As per the admissible portion of the confession statement, P. W. 13 recovered TVS 50 moped, bloodstained knife and shirt in the presence of the witnesses. Thereafter he arrested A2 and A3 on 27. 5. 2003 at Sanarpatti Bus Stop and sent them to judicial custody. He sent the material objects to the forensic lab and obtained report from the lab. After completion of the investigation, he filed the charge sheet before the Court for the offence under Sections 302 and 302 r/w 109 I. P. C. against the accused on 28. 12. 2003.