BOOPATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant- a lady, stands convicted in S. C. No. 309/2004 on the file of the Court of Sessions, Salem under Section 302 IPC only (she was tried under sections 302 and 324 IPC), for which she stands sentenced to undergo imprisonment for life. Therefore, she is before this Court in this appeal. Heard Mr. N. Doraiswamy learned counsel appearing for the appellant and Mr. N. R. Elango, learned Additional Public prosecutor appearing for the State. The prosecution case is that at 4. 00 a. m. on 14. 12. 2003 the accused, who was an in-patient in the Government Hospital at edappadi, killed her co-sister, who was also an in-patient in the very same hospital, by dropping a concrete slab on her head and the act so committed by her, also caused on injury on the victim's child by name Sandhya and therefore triable under sections 302 and 324 ipc To prove their case, the prosecution examined PWs 1 to 14 besides marking Exs. PI to P. 28 and M. Os. 1 to 16. The defence neither let in any oral nor documentary evidence.

(2.) KALIAPPAN is the husband of the accused. Palaniappan is the husband of the deceased. Kaliappan and Palaniappan are brothers. PW1 is the duty Doctor in the government Hospital at Edappadi. At about 8. 00 p. m. on 13. 12. 2003, the accused appeared before him for treatment for injuries shown to have been sustained by her at the hands of four known persons at about 5. 00 p. m. on that evening near her house. P. W. 1 examined her, found certain symptoms and issued Ex. Pl, the accident register. At 8. 15 p. m. on the same night, Palaniammal (since deceased) also appeared before him for treatment for injuries shown to have been sustained by her at the hands of four known persons at about 5. 00 p. m. on that evening near her house. P. W. 1 examined her also and found certain symptoms, for which, he issued ex. P. 2, the accident register. Both the accused and Palaniammal (since deceased) were admitted as in-patients. At 4. 00 a. m. on 14. 12. 2003, P. W. 3 (duty Nurse) informed p. W. 1 that Palaniammal (since deceased) is having injuries on her head. P. W. 1 accordingly proceeded to the bed where, he found palaniammal lying in a pool of blood. On examination, P. W. 1 found her dead. P. W. 2 is another in-patient, who was having a bed next to Palaniammal. P. W. 1 asked P. W. 2 as to what happened, for which, she replied that she saw a lady from the female ward dropping a concrete slab on the head of Palaniammal. P. W. 1 prepared the death intimation. He found injuries on Sandhya, who was lying by the side of Palaniammal. Ex. P. 3 is the accident register issued for Sandhya. Ex. P. 4 is the death intimation. He referred Sandhya for better treatment to the Government Head Quarters hospital at Salem. Ex. P. 5 is the intimation regarding the medico legal case of Sandhya. He sent Exs. P4 and P5 through PW7 to the police station. P. W. 1 examined P. W. 2 again. She repeated that a lady from the female ward came with a concrete slab and dropped it on the head of Palaniammal. P. W. I was informed by P. W. 2 that one split piece of the slab caused an injury on Sandhya. P. W. I went to the female word taking P. Ws. 2, 3 and 7 with him, where, he asked P. W. 2 to identify the lady who dropped the stone on the head of palaniammal. P. W. 2 identified the accused. P. W. 1 enquired the accused as to what happened and she replied that she has enmity with Palaniammal since the last ten years; in the back drop of that enmity, she decided to kill her and therefore, by taking a concrete slab available in the hospital campus, dropped it on Palaniammal's head. P. W. 1 reduced into writing what the accused told him at that time and read it over to her. The accused affirmed the contents of such statement as correct. Then p. W. 1 took the left thumb impression of the accused in that statement. P. Ws. 3 and 7 also signed as witnesses in that statement. Then p. W. 1 asked P. W 3 to see that the accused does not escape.

(3.) P. W. 12, the Sub-Inspector of Police, came to the police station. P. W. 1 handed over the dead body of Palaniammal and Ex. P. 6 to the police officer. P. W. 1 had also signed in Ex. P. 6. Ex. P. 7 is the accident register issued by p. W. 1 for the injuries found on the accused, shown to have been suffered by her in a quarrel that took place between her and Palaniammal. Ex. P. 8 is the intimation sent by P. W. I to the police for admitting Palaniammal in the hospital. P. W. 3 was the duty Nurse in the Government hospital at Edappadi. She spoke about the admission of the accused and the deceased in the hospital as spoken to by P. W. 1. According to her, at 4. 00 a. m. on the occurrence day when she and P. W. 7 were coming out on hearing a noise, P. W. 2 told them that the accused dropped a stone on the head of palaniammal. P. Ws. 3 and 7 went to the bed of Palaniammal, where, they found Palaniammal bleeding through her head. P. W. 3 went to inform P. W. 1 and at that time P. W. 1 came. P. W. I examined Palaniammal and declared that she is already dead. Sandhya, lying by the side of Palaniammal, was weeping. Sandhya had injuries. Therefore, she was given treatment. P. W. 7 returned from the police station. P. W. 2 informed P. W. 1 and others that the lady from the female ward, after dropping the stone, ran towards the female ward. P. Ws. 3, 1, 2 and 7 went to the female ward where, they observed the accused lying with blood stained saree. When asked as to whether it is she who dropped the stone, the accused confessed in the manner as spoken to by P. W. 1. P. W. 1 recorded the statement of the accused, in which, P. Ws. 3 and 7 signed as witnesses. Police came.