DURAISAMY GOUNDER Vs. STATE

JUDGEMENT

(1.) The appellant stood charged for having committed the offence under Section 302, IPC and was tried by the learned Sessions Judge, Velore in S.C. No. 84 of 1996 who convicted him under Section 302, IPC, imposing Rigourous Imprisonment for life for causing the murder of his wife Danabakiyam Ammal and imposing sentence of death for committing the murder of his daughter Nagammal.

(2.) Against the said conviction and sentence, the appellant herein has preferred the Crl. A. No. 461 of 1997 and a reference has been made by the Court of Sessions under Section 366 of the Code of Criminal Procedure for confirmation and it is numbered as R.T. 3 of 1997. Thus, both the reference and the criminal appeal are before us for hearing.

(3.) The prosecution case is that the appellant Duraisamy, with his wife and children, was living in a shed situated in the midst of a garden, belonging to the family, at Devarisikuppam village. He was addicted to liquor and used to demand money from his wife for the purpose of consuming liquor, when resisted he used to quarrel with his wife on several occasions. On 18-10-1994, at about 2.00 p.m. PW 1 Chellappan, one of the sons of the appellant, who went Gudiyatham market along with his brother for sale of agricultural products, while returning to his shed, heard the noise of the appellant herein quarrelling with his mother. At that time , PW 3 Ganapathy and PW 3 Vinayagam, who were returning from the nearby vilalge also came there. then, the appellant, with a sickle, assaulted on the head of Danabakiyam Ammal indiscriminately. On seeing this, the daughter Nagammal intervened. In that process, she was also assaulted with the same weapon on the head and face. Nagammal fell at the entrance of the shed. Dhanabakiyam Ammal fell outside the shed. When PWs. 1 to 3 went near the accused to catch him, he cut his own throat with the sickle. PWs. 1 to 3 found Nagammal and Danabakyam Ammal dead. Immediately, PW 1 went to the police station at K.V. Kuppam. The appellant also went to K.V. Kuppam Police Station on the same day at 4.30 p.m. with bleading injuries on his neck and he was not in a position to speak. He wrote his father's name, as per the evidence of PW 11, the Head Constable of the Police Station. PW 11 took him to the hospital for treatment under requisition 41 of 1994. PW 10 Dr. Vennila, Civil Assistant surgeon, attached to Government Hospital, Gudiyatham, saw the accused at 5.55 p.m. and at that time, the accused was not in a position to speak. From the signs showed by the accused PW 10 understood that he was cut by another peson by means of a knife and she found the following injuries on the person of the accused :