RANGANATHAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the first accused and the second accused is the father of the appellant. Initially a case was registered under Section 174 of the Code of Criminal Procedure and the trial of the case was taken up under Section 302 IPC against both the accused. On conclusion of the trial, the second accused has been acquitted and the appellant alone has been convicted for an offence punishable under Sections 304 (I) and 201 IPC and sentenced to undergo imprisonment for 10 years and one year together with a fine of Rs.3,000/- and Rs.2,000/- respectively, containing a default sentence. Aggrieved against that, the present appeal has been filed by the appellant.

(2.) THE deceased is the wife of the appellant. THE occurrence is alleged to have taken place on 1.4.1989 at about 10.00 p.m. Three years prior to the date of occurrence, the marriage between the appellant and the accused is alleged to have taken place. After the marriage, there were frequent quarrels between the appellant and the deceased. Panchayats were convened and the deceased was requested to go with the appellant. PW1, who is the father of the deceased, visited the scene of occurrence viz., the house of the appellant, after hearing the death of the deceased on 02.04.1989. At that time, the deceased was found lying dead inside the house and PW1 did not find any external injuries. But, there was froth oozing out from her mouth. THEreafter, PW1 suspecting foul play gave a report to the police.

(3.) PW-10 the Inspector of Police, Mecheri Police Station took up the investigation on 6.4.1989 and sent a requisition for conducting post mortem. He altered the offence from 174 Cr.P.C., to Section 302 r/w 201 IPC after receiving opinion from the post mortem Doctor and sent Ex.P.16 (express report). On 7.4.1989, PW10 visited the scene of occurrence and prepared a rough sketch (Ex.P.17). The accused was produced before him on the same day and he gave a confession statement, which is marked as Ex.P.4. In pursuance of such statement, the accused produced MO1 (Mathu) a wooden stick with head portion and the same was recovered under Ex.P.5 (mahazar). The accused was remanded to judicial custody on the next day. Subsequently, investigation was taken up by PW 11 and he filed a final report, after examining the witnesses, on 24.10.1995 for an offence under Section 302 r/w 201 IPC.