JOHN DAVID Vs. STATE

JUDGEMENT

(1.) ACCUSED in Sessions Case No.100 of 1987 on the file of Principal Sessions Judge, Tiruchirapalli has filed this appeal questioning the judgment dated 22.10.1987 rendered by the learned trial Judge in the above mentioned case, convicting the appellant for an offence under Sec.302, I.P.C. and sentencing him to undergo Rigorous Imprisonment for life.

(2.) P.W. 1 is a resident of Anna Nagar in Purathangudi. His first wife died in the year 1972 and thereafter in the year 1976 he married one Amaravathi as his second wife. Amaravathy is the deceased in this case. P.W.1 has a vegetable shop in the bus stand at Purathangudi. Dhanaraj is the father of the accused and he resides at Irungalur. Before the occurrence, the deceased Amaravathy and Dhanaraj, the father of the accused developed illicit intimacy between them. The accused did not like this and he has been cautioning his father about that. On 1.3.1987 the deceased Amaravathy gave a complaint Ex.P-14 to the Police stating that the accused has assaulted her. On 3.3.1987 evening the Sub Inspector of Police, Samayapuram, P.W.12 went to Irungalur and enquired the deceased Amaravathy, accused his father Dhanaraj, Dhanaraj's another son Kuzhandhairaj, Madhiya Nathathiram, wife of Dhanaraj and Chinnappan. Thereafter P.W.12 took them to the Police Station and warned them that they should not quarrel with each other. Regarding this, an undertaking in Ex.P-15 was recorded by P.W.12 signed by Dhanaraj, Chinnappan Kuzhanthairaj and others. All of them assured that thereafter they would not go in the way of Amaravathy. On 13.3.1987 there was a quarrel between the accused and his father Dhanaraj. Regarding this incident, a complaint in Ex.P-17 was given by Dhanaraj to the Police. On the said complaint, P.W.12 enquired the parties concerned and obtained Ex.P-18 a statement from the respective parties.

(3.) AT 3.30 P.M., on 9.4.1987 P.W.13 arrested the accused at the coconut thope of one Amirtham in the presence of P.W.8 Pugazhendhi and one Raghavendran. AT that time the accused gave a statement and the admissible portion of which is Ex.P-7. In pursuance of this statement, the accused took the Investigating Officer and the witnesses to Irungalur and produced M.O.1 log from a lorry. AT 5.30 P.M., M.O.1 was recovered under Ex.P-8 mahazar. The Inspector sent a requisition to the Judicial Second Class Magistrate, Lalgudi for sending M.Os.1, 3, 9 to 11, 14 and 15 for chemical examination. Accordingly, M.Os.1, 3, 9 to 11, 14 and 15 were sent for chemical examination along with the covering letter of the Court. The office copy of the covering letter is Ex.P-10. Ex.P-11 is the report of the Chemical Examiner and Ex.P-12 is the Serologist's report. After examining the other witnesses, P.W.13 filed a final report on 21.5.1987 before the Court.