KALIVARADHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence rendered by the learned Sessions Judge, South Arcot District at Cuddalore in S.C. No.27 of 1989, dated 24 and 25.10.1989, whereby, finding the appellant/ accused guilty for the offences under Sec.302 on two counts, 326,324 and also 309 of the Indian Penal Code and accordingly, convicting and sentencing him to life imprisonment under Sec.302, I.P.C. on two counts, to undergo rigorous imprisonment for a period of two years for the offence under Sec.326, I.P.C. and also to undergo rigorous imprisonment for a period of two years for the offence under Sec.324, I.P.C. However, no separate sentence was awarded for the offence under Sec.309, I.P.C. All the sentence are to run concurrently.

(2.) THE prosecution case as culled out from the case records in the appeal is stated as hereunder: THE accused by name, Kalivaradhan belongs to the Village Sendur near Mailam in Tindivanam taluk. P.W.2 Savithri is his wife and the first deceased by name,, Karthikeyan aged about 4 years and the second de-; ceased by name, Kalaiarasi aged about 12 years and P.W.4 Kathiravan aged about 10 years are their children. THE accused is doing rickshaw pulling work at Madras, leaving his family at Sendur and he used to send money often for their maintenance out of his earnings and he used to visit his family frequently. P.W.2 Savithri, the wife of the accused belongs to Avudayarpattu. During the course of the absence of her husband, P.W.2 used to go to her parents" house at Avudayarpattu for the purpose of eking out her livelihood and return back to her husband's house at Sendur with her children. One Manoharan is the son of P.W.2's maternal uncle and he is living at Avudayarpattu Village. In this backdrop whenever the accused used to visit his Village, he developed suspicion over the fidelity and character of his wife with the said Manoharan which was however denied by P. W.2. In view of the above suspicion, bickerrings and wordy quarrel between the accused and P.Ws. emerged out very often. It was, in this background on 25.6.1988 the accused had been to Avudayarpattu Village and brought his wife and children to his Village at Sendur. At about 7.00 p.m., on that day, following the wordy quarrel erupted among P.W.2 and the accused, the accused pulled P.W.2 and beat her. THEreafter, he took M.O.3 knife from his waist and stabbed his son Karthikeyan, the first deceased, twice on his body and caused bleeding injuries. Following the same, he stabbed Kalaiarasi, the second deceased, his daughter, on her chest and stomach, with the result, both the children fell down with bleeding injuries and became unconscious, among whom Karthikeyan died on the spot. When P.W.2 tried to intervene, the accused assaulted P.W.2 also with the knife and then, another son P. W.4 was assaulted with knife by the accused and caused bleeding injuries. After assaulting others, the accused stabbed himself with the same knife of his abdomen and attempted to commit suicide and due to bleeding injury, he became unconscious. THE entire occurrence was witnessed by P.W.2, the injured wife and P.W.3, a village menial who is the neighbour and P. W.4 another injured son of the accused with the light flooded from the electric post situate at about 35 feet away from the scene of occurrence as evidenced from Ex.P-19 rough sketch. THE surrounding portion of the accused's house was occupied by the brother of the accused and his father.

(3.) P.W.3, while returning home after duty under P.W.1 at about 7.00 p.m. had seen the wordy quarrel started by the accused with his wife P.W.2 and the overt acts, in all details, done by the accused, on the children, wife and himself. P.W.3 also saw the knife M.O.3 falling down nearby. After having seen the occurrence, P.W.3 had been to P.W.1, the Village Administrative Officer and informed about the occurrence at about 7.30 p.m. on that day. On getting information P.W. 1 had been to the place of occurrence and verified in person with regard to what he was informed and then, he reduced into writing the narration made by P.W.3 to him and having left P.W.3 in the place of occurrence, he had been to Mailam police station in cycle and gave the complaint Ex.P-1 to P.W.9 Sub Inspector of Police at about 9.30 p.m. On the basis of the said complaint P.W.9 the Sub Inspector of Police registered the case in his police Station Crime No.45/88 as for the offences under Secs.326,307,302 and 309 of the Indian Penal Code, and prepared Ex.P-18 printed first information report and he sent Exs.P-1 and P-18 to his higher Officials and to the court. Then, he gave information to the Inspector of Police through mike van. Then, he had been to Sendur Village at about 10.00 p.m. on that day and sent Kalaiarasi, P.W.2 and P.W.4 to the hospital for treatment along with Ex.P-16 memo and he remained in the place of occurrence itself.