KANNAN Vs. THE STATE

JUDGEMENT

(1.) The appellant is the sole accused in SC. No. 52/2015 on the file of the Court of the learned Principal District and Sessions Judge, Coimbatore and he stood charged and tried for the commission of the offences under section 302 and 201 IPC, for having committed the murder of his wife Tmt. Santhi. The Trial Court, vide impugned judgment dated 18.04.2017, has found the appellant/accused guilty of the aforesaid offences and awarded sentence of imprisonment for life and to pay a fine of Rs. 1000/- with a default sentence of one year for the offence under section 302 IPC and to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/-, with a default sentence of six months imprisonment for the offence of under section 201 IPC. The Trial Court had also granted set-off for the period of incarceration undergone by him between 07.08.2013 and 20.11.2013 under section 428 Cr.P.C., 1973 and further ordered that the sentences awarded, shall run concurrently. Challenging, the said conviction and sentences, the appellant/accused has filed the present appeal.

(2.) The facts leading to the filing of this appeal, briefly narrated and are necessary for the disposal of this criminal appeal, are as follows:- 2. 1. The appellant/accused, viz., Thiru. Kannan, got married to Santhi about 15 years prior to the year 2013 and out of the said wedlock, begot a female and a male children. In the year 2012, the wife of the appellant/accused, on account of the difference opinion between her and her husband, especially due to demand of dowry on the part of the appellant/accused and his parents, came to her parental home and started residing there. 2. 2. The wife of the appellant/accused has also lodged a complaint under Ex.P7 dated 27.05.2013 to the Superintendent of Police, Thallakulam Police Station, Madurai District, Madurai, stating that the marriage between her and her husband was solemnised during the year 1999 and her in-laws and other close relatives of the appellant/accused started ill-treating her on account of the dowry an despite the efforts made, she was to live with her husband and children and on 20.05.2013, the daughter of the appellant/accused and the deceased Santhi, attained puberty and when Santhi and her parents went to the matrimonial home, they were allowed to enter the house and the relatives of the appellant/accused abused her in filthy language. The said complaint was forwarded to the Inspector of Police, All Women Police Station, Thallakulam, Madurai City, who took it on file in CSR. No. 311/2013 dated 28.05.2013. 2. 3. Thereafter, both the appellant/accused and his wife Santhi [deceased] were summoned and their statements were corded on 28.05.2013 by the said police official, wherein the appellant/accused undertook to state that on account of difference of opinion, he was residing away from his wife and since his wife and children are willing to live with him and that he is also employed at Coimbatore, he is searching for a house and after getting the house, he will take his wife and children within a period of two months and the wife of the appellant/accused [deceased] Santhi had also given the similar statement. 2. 4. The appellant/accused got enraged on account of the said act of his wife Santhi and also suspecting her fidelity/conduct and character, decided to do away with her life. Accordingly, on 23.07.2013 at about 5.00 p.m., the appellant/accused went from Pallapalayam to Madurai and contacted his wife through mobile phone and told her that he has arranged for a house in a place in which he got his employment and that he asked her to come immediately to Aarapalayam and believing his words, the wife of the appellant/accused came to Aarapalayam and from that place, the appellant/accused took her to Palani and went to watch a movie in Cine Valluvar Theatre and half-way through, he came outside and went to the electrical shop owned by P.W.7-R.Saravanan and purchased one metre yellow and green colour twined wire and put inside his pocket. After his wife came out of the Cinema Hall, he provided her with food and thereafter, boarded the bus which was proceeding to Pollachi and alighted at Komangalam Bus Stop at about 8.00 p.m. and took her on the mud road which leads to the shed in which he was employed near Vidhya Nethira School and on the way, asked his wife to proceed further as he wants to answer the nature's call and following her from behind, he strangled his wife Santhi and also put the saree in her mouth and pushed her and sat on her and took the wire and once again, strangulated her and as a result, his wife Santhi died on account of asphyxia. The appellant/accused, in order to conceal his act, dragged the body of his Santhi and put it inside the well. 2. 5. P.W.1-Mr. Kaatudurai was the Village Administrative Officer of Komangalampudhur and on 02.08.2013, while he was on his official duty, one Pappusamy - P.W.2 that inside the dry well in the land of one Mrs. Aruna Gandhi, a decomposed body of a female was found lying. P.W.1, on receipt of such information, proceeded to the said spot along with his Menial Rajendran and saw the body in the well, which is located inside the patta land of Tmt. Aruna Gandhi in S.No. 341/2 and the neck was encircled with a green colour wire and also having found that the death would have occurred one week prior to the said date and the saree worn by the deceased was also lying nearby and when he made enquiry, he was in a position to identify the body of the deceased and having formed the impression that the deceased would have been strangulated by the use of the wire, went to Komangalam Police Station at about 12.00 Noon along with his Menial Rajendran and lodged a complaint under Ex.P.1 to P.W.19-Mr. Periyasamy, the Sub-Inspector of Police attached to the said police station, who on receipt of the same, has registered a case in Cr. No. 181/2013 for the offence under section 302 IPC on 02.08.2013. The Printed FIR is marked as Ex.P.17. P.W.19 forwarded the original complaint [Ex.P.1] and the Printed FIR [Ex.P.17] to the jurisdictional Magistrate Court as well as to the higher officials. 2. 6. P.W.20-Mr. Murugachalam, was the Inspector of Police attached to the said Police Station at the relevant point of time. On receipt of the complaint under Ex.P.1 and FIR under Ex.P.17, he took up the investigation and proceeded to scene of crime at about 1:00 p.m. on the same day and in the presence of the witnesses, prepared the Observation Mahazar and the Rough Sketch under Exs.P.2 and 8 respectively and also summoned the services of the Fire and Rescue Services and recovered the body of the deceased and between 15:00 hours and 18:00 hours on the same day, he held inquest on the dead body of the deceased in the presence of the Panchayatdars. The Inquest Report is marked as Ex.P.19. P.W.20, in order to ascertain the real cause of death, sent the body for autopsy through P.W.12-Renukadevi, Constable along with a requisition. 2. 7. P.W.11-Dr. Jeyasingh, was working as the District Police Surgeon and Associate Professor and the Head of the Department attached to the Forensic Medicine, Coimbatore Medical College Hospital. He received the requisition at about 3.50 p.m. on 03.08.2013 and noted that the condition of the body then had decomposition changes with loss of soft tissues in areas noted all over the body and commenced the postmortem at about 4:35 p.m. on the same day. He noted the following features:-

(3.) Mr. N. Manoharan, learned counsel appearing for the appellant/accused would submit that the case of the prosecution rests upon circumstantial evidence and the following circumstances are projected by the prosecution to connect the appellant/accused for the commission of the offence of murder of his wife Tmt. Santhi:-