MURUGESAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused, who was convicted for the offence under Sections 302, 201 and 203 of I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- with default sentence, for the offences under Section 201 of I.P.C., 5 years rigorous imprisonment and to pay a fine of Rs.2000/- with usual default clause and for offence under Section 203 of I.P.C. one year rigorous imprisonment and to pay a fine of Rs.500/- with usual default clause.

(2.) THE charge is that the accused Murugesan attacked his wife Kasthuri against the wall with an intention to cause her death and thereby he committed the offence of murder punishable under Section 302 of I.P.C. at about 10.45 p.m. on 10.4.2000 . During the course of the same transaction, he attempted to screen evidence and gave false information to the police with an intention to get away from the clutches of law and thereby he committed an offence punishable under Sections 201 and 203 of I.P.C.

(3.) P.W.9, Deputy Superintendent of Police, who also assisted the enquiry embarked upon by the Revenue Divisional Officer, P.W.10, commenced investigation and prepared observation mahazar Ex.P.13 in the presence of Krishnan, P.W.5. The accused, who was present in his house handed over the saree M.O.4 at 6.30 p.m. on the said day. P.W.9 also drew rough sketch Ex.P.14 reflecting the scene of occurrence. Thereafter, he entrusted the investigation to the Inspector of Police, P.W.11. Karuppiah, P.W.3 and Periyasamy, P.W.4 were the co-workers of the accused. On 23.4.2000, when they were proceeding to Kolappalli, the accused came to them and started weeping. When enquired about his distress, the accused started unfolding his heart. He informed them that his wife infact did not commit suicide. As his wife heaped abuse on his mother and sisters on 10.4.2000, he, having lost his temper, caught hold of her neck and dashed her against the wall. His wife Kasthuri, having sustained injury on her forehead, collapsed to the ground. Having jittered by the act, he caused simulated hanging and informed the police that his wife committed suicide by hanging. He also informed them that he was mortally afraid to face the police. P.Ws. 3 and 4 took the accused to the Inspector of Police, P.W.11 on the said day. P.W.11 having arrested the accused on the basis of the information furnished by P.Ws. 3 and 4 who surrendered the accused to him, converted the case, which was originally booked under Section 174 of Cr.P.C., into one under Section 302 of I.P.C. and prepared express report Ex.P.18 and dispatched the same to the learned Judicial Magistrate concerned. On the basis of the confession statement given by the accused, they went to his house and recovered a club used to make Chappathi M.O.3. in the presence of P.Ws.3 and 4. Thereafter, he proceeded to the scene of occurrence and prepared observation mahazar Ex.P.5 in the presence of Krishnan P.W.5 at about 8.00 p.m. He also drew rough sketch Ex.P.19 reflecting the scene of occurrence.