SRINIVASAN Vs. STATE

JUDGEMENT

(1.) THE appellant in this appeal stands convicted in s. C. No. 126/2005 on the file of the Court of Sessions, Salem under section 302 i. P. C. , for which, he stands sentenced to undergo imprisonment for life together with a fine of Rs. 1,000/-, carrying a default sentence. Hence he is before this court in this appeal. Heard Mr. V. Sairam, learned counsel appearing for the appellant and Mr. N. R. Elango, learned Additional Public Prosecutor appearing for the State.

(2.) THE prosecution case is that the accused murdered his wife at about 8. 30 a. m on 21. 07. 2003 when she was in her mother's house (P. W. 1)and therefore triable under section 302 I. P. C. To prove their case, the prosecution examined P. Ws. 1 to 14 besides marking Exs. P. 1 to P. 35 and M. Os. 1 to 12. THE defence neither let in any oral nor documentary evidence. P. W. 1 is the mother of the deceased. P. W. 2 is the minor daughter of the accused and the deceased. Incidentally, P. W. 1 is the mother-in-law of the accused. THE marriage between the accused and Kanthamani (since deceased) took place some time before. After marriage, the accused settled down in the same area where P. W. 1 was living. THE accused was not gainfully employed and he was a time waster. Often he used to beat his wife to get money from her parents. With great difficulty, P. W. 1 used to give money to her. But yet, the accused went on assaulting her and chased her out of the house. This made Kanthamani to come to the house of P. W. 1. P. W. 1 brought that fact to the notice of the panchayatdars. A decision was taken in the panchayat and the accused was not willing to abide by the decision of the panchayat. Again the deceased was complaining to P. W. 1 that her husband goes on assaulting her. THErefore a complaint was given in the all Women Police Station at Mecheri. Two years prior to the occurrence, the accused hit P. W. 1 with a rice pounder. Aggrieved over that, she also gave a complaint. THE accused also assaulted her. On that occurrence also, a complaint was given. THE accused was arrested and then he came out on bail. Two months after that incident, the victim was lying in a cot in the house of P. W. 1. THE accused came there and wanted her to follow to his house. THE victim refused and she went on dressing her hair. THE accused removed a koduval concealed in his hip and then cut on his wife's neck. P. W. 1 was washing vessels at that time. P. W. 2, who was standing outside, shouted. After the victim fell down on the cot after receiving the injury, the accused cut her again and made good his escape. P. Ws. 4 and 5 came and saw the dead body. THEn the local leader came and asked p. W. 1 as to what happened. P. W. 1 told him as to what happened. P. W. 1 then proceeded to the Investigating Police Station where, he narrated a complaint, which was reduced into writing, in which, her signature was taken after it was read over to her. Ex. P. 1 is the said complaint. M. O. 1 is the weapon of offence. P. W. 1 was examined by the Magistrate under section 164 of the Code of Criminal procedure. Ex. P. 2 is her statement.

(3.) P. W. 10 is the duty Doctor in the Government Hospital at Salem. On receipt of the dead body along with Ex. P. 21 (requisition), he commenced post mortem on the dead body at 11. 30 a. m on 22. 07. 2003. During post mortem, he found various symptoms as noted by him in Ex. P. 17, the post mortem report. The symptoms noted by him are as hereunder: "external Injury: 1. A lacerated injury 2 x 5 cms over the right jaw 2 cm below the right ear lobe. 2. A lacerated injury 6 x 1 cm just 1 cm below injury no. 1. 3. A contusion about 5 x " cm over 2 cm below injury No. 2. 4. A contusion about 8 x 4 cm over the centre of the neck 8 cm below the chin, crossing laterally 9 cms length to the right side. 5. A lacerated cut injury 12 x 10 x 5 cms over the back of the neck and right side of neck exposing blood vessels, muscles and tendons with fracture of 2nd cervical vertebra. Internal Examination: Hyoid bone preserved; Heart " weight 300 gms. Chambers empty. Lungs " weight 450 gms right side; 400 gms left side; CS " pale; Liver " 100 gms; CS " pale. Stomach " empty; Intestine " empty; Kidney " each 90 gms; CS " pale; spleen " 90 gms; CS " pale; Bladder " empty; Uterus cavity " empty normal; Skull " No fracture; Membranes " intact; brain " 1000 gms; CS " pale. " Ex. P. 18 is the viscera report, which shows that no poison was detected. Ex. P. 20 is the report on the hyoid bone, which shows that the hyoid bone was intact. The Doctor opined that the deceased would appear to have died 25 to 29 hours prior to autopsy as a result of shock and haemorrhage due to damage to vital organs and a weapon like M. O. 1 would have caused the injuries found on the deceased.