VENKATESAN Vs. STATE

JUDGEMENT

(1.) The appellant was tried and convicted for the offence under Section 302, I.P.C. in S.C. No. 93/1987 on the file of District and Session Judge, Chengalput and sentenced to undergo life imprisonment.

(2.) The gravamen of the indictment against the appellant is that on 16-10-1986 at 10.30 p.m. inside the house of the appellant, situated near the TNEB sub-station, Thirupporur, the appellant on suspecting the fidelity of his wife Malarvizhi (deceased) threw the stone of considerable weight on her head while she was sleeping and as a result, his wife died later in the Government Hospital, Chengleput.

(3.) The facts that could be discerned from the materials found available in this case could be summarised as follows :(a) The appellant Venkatesan is working as a watchman in a High School at Thirupporur. His first wife died. Therefore the appellant requested P.W. 1 Thiru Parajabathar, who is a resident of same place, to give his sister Malarvizhi in marriage with him. The said Malarvizhi though got married to one Mr. Kuppan, since there was misunderstanding between the spouses, her marriage was cancelled and so she came back to the house of her brother P.W. 1 and stayed alongwith him.(b) P.W. 1 initially refused for the marriage alliance. However he agreed for the same since Teachers working in the school in which the appellant was a watchman approached and requested to arrange for the marriage of his sister Malarvizhi with the appellant. Therefore the marriage between the appellant and the deceased Malarvizhi was performed two years prior to this occurrence.(c) Both husband and wife were living happily in a separate house at Thandalam area situated behind the TNEB Officer at Thirupporur, or some time. In course of time, the deceased Malarvizhi developed some illicit intimacy with other persons in the same area. So, due to this, misunderstanding developed between spouses. Frequently, the appellant used to beat the deceased and sent her to the house of P.W. 1. Six months prior to the occurrence a male baby was born to the spouses. Even thereafter, the appellant suspected the chastity of the deceased and used to send her to the house of P.W. 1 on several occasions. But some days later, the appellant went to the house of P.W. 1 and took her back.(d) The appellant working as watchman in the school would use to got to school for doing work at 7.00 p.m. and come back to the house at 7.00 a.m. in the morning. Taking advantage of the absence of the appellant, the deceased used to go to other places and come back home before the appellant comes to his house.(e) The fateful occurrence took place on 16-10-1986 at about 11.00 p.m. The appellant after finishing his work in the school unusually came back home at 11.00 p.m. At that time the deceased was not found available in the house. The house was found open. After a short while, the deceased came home from the neighbouring house. The appellant asked her as to where she had gone in the night hours. She replied "I would go anywhere and come back at anytime, who are you to question Me ?" So saying, she went inside the house and took bed in a mat. The appellant got up and then took out a stone found near the house and threw it on the head. When she cried, the neighbours P.W. 2 Thiru Arumugam and his wife P.W. 3 rushed to her house and found the victim Malarvizhi gasping for life with bleeding injuries on her head.(f) Immediately thereafter both P.Ws. 2 and 3 went to P.W. 1's house whose house is situated at a distance of two furlong and woke him up. They informed him that there was a quarrel between the appellant and the deceased, with the result there is an unfortunate incident had occurred. P.W. 1 rushed to the house of the deceased. In the house there was no light. So, P.W. 1 lit the chimney lamp and found the victim Malarvizhi was lying down in a mat with serious injuries on the head. He also found blood scattered on her mouth and nose. She was found unconscious and she only raised a sound indicating that she was gasping for life. At that time the appellant Venkatesan was also found standing nearby P.W. 1 asked the appellant (Vernacular matter omitted) Then the appellant retorted and saying that (Vernacular matter omitted).(g) Then P.W. 1 and others took the victim and went to Thirupporur Police Station at about 2.00 a.m. P.W. 9, the Sub-Inspector of Police attached to Thirupporur Police Station, received the complaint Ex. P. 1, from P.W. 1 Thiru Rajabathar and registered in Crime No. 339/86 under Section 307, I.P.C. He also prepared the FIR Ex. P-9. He despatched both these documents to the Court as well as to the senior officials. Since the victim who was brought to the police station by P.W. 1 was in serious condition, he immediately arranged her to be taken to the Government Hospital at Chengalput. He recovered M.O. 1 - Stone, M.O. 2 - Mat and M.O. 3 - the Shirt worn by the child which were produced by P.W. 1 at the Police Station under mahazar Ex. P. 10. At that point of time, the appellant alongwith one Chelladurai came and surrendered before the Police and gave a confession statement which was recorded by P.W. 9.(h) P.W. 6 Dr. Jayaramachandran, attached to the Chengalput Medical College Hospital at Chengalput, admitted the victim at 2.30 a.m. on 17-10-1986 in ward No. 3 and gave treatment.(i) At 6.00 a.m. P.W. 9 the Sub-Inspector of Police went to the spot and he prepared observation mahazar Ex. P-11 and drew a rough sketch Ex. P-12. He arranged for taking photographs. Then, he examined witnesses and sent the appellant to the Court for the judicial remand. At 2.30 p.m. P.W. 9 recovered M.O. 9 Blood stained sand and M.O. 10 - sample of sand without Blood stains, under mahazar, Ex. P. 13. At 6.30 p.m., P.W. 9 received the death intimation sent by P.W. 6 stating that the victim Malarvizhi died at 2.45 p.m. in the Hospital. On receipt of this intimation, P.W. 9 altered the case into Section 302, I.P.C. and sent express report Ex. P-14 to the Court, he also sent the message to the Inspector of Police, Tirukazukundram P.W. 10.(j) The Inspector of Police, on receipt of the express report handed over by Thirupporur Police Constable took up investigation and went to the spot at 8 a.m. on 18-10-1986. He examined some witnesses there. Then, he went to the Hospital along with P.W. 9 the Sub-Inspector of Police at 10.00 a.m. In the presence of Panchayathars between 11.00 and 1.00 p.m., he held inquest on the dead body of the deceased Ex. P-15 is the inquest report. During that time he examined P.W. 1 to P.W. 4 and others. Then he sent a Constable along with requisition Ex. P-4 for taking the body for postmortem. At about 9.00 p.m., he recovered M.O. 4 to M.O. 8, the clothings of the deceased produced by P.W. 1 under form No. 95.(k) P.W. 7 Dr. Divakar, attached to the Chegalput Medical College Hospital, received the requisition Ex. P. 4, from the Inspector of Police, to conduct the autopsy on the deadbody and he commenced the same, at 2.00 p.m. on 18-6-1986. He found the following injuries :(1) Two abrasions of 6 cms. x 3 cms. above and outer aspect of right eye brow.(2) An abrasion of 5 cms. x 2 cms. over the right upper eye lid with bruising in beneath.(3) An inverted 'L' shapped lacerated sutured wound of 8 cms. x 6 cms. over the left tempero-parietal area of the scalp.On disSection :- An inverted 'L' shaped fissured fracture of 6 cms. x 6 cms. over the left temporal and parietal bones with disjointment of a 6 cms. over the tempero-parietal sutured.Diffuse bruising present over the over lying scalp.Diffuse epidural haemotoma of 12 cms. x 10 cms. x 4 cms. beneath the fracture area.A contused laceration of 10 cms. x 8 cms. x cms. over the right frontal, temporal and parietal area of the brain.Other findings :-He also found 80 cc of dark coloured fluid with rice particles in the stomach. He gave the postmortem Certificate Ex. P-5 in which he opined that the deceased would have died of head injuries.(1) P.W. 8, Court Clerk, on receipt of the M.Os. sent by P.W. 10 Inspector of Police, sent the same for the forensic examination alongwith covering letter of the message. Ex. P-6. Ex. P-7 is the Chemical Report and Ex. P-8 is the Blood Test Report.(m) After finishing investigation, P.W. 10 filed the charge-sheet against the appellant for the offence under Section 302. I.P.C. on 29-4-1987 before the Committal Court.