ETHIRAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal is against the judgment of the learned Principal Sessions Judge, Coimbatore made in S.C.No.243 of 2006, whereby the sole accused stood charged under Section 302 IPC, tried, found guilty as per the charge and awarded life imprisonment with fine of Rs.1000/-, in default to undergo 6 months R.I.

(2.) THE brief facts that are necessary for the disposal of this appeal are as follows: a) P.W.1 is the son of the deceased and elder brother of the accused. He was residing at 4th street, Jyothi Nagar and was working as Manager in the Laboratory of Ramakrishna Hospital. On 14.2.2006, while he was on duty at noon hours, on a telephonic message, he admitted his mother in the I.C.U. ward of the hospital, in which he is working. His mother was brought to the hospital by one Radha and another and thereafter, the accused came. Despite treatment, the mother died at 1.30 p.m. on the same day. b) P.W.1, thereafter, went to B-6 police station and gave a complaint (Ex.P.1). In that complaint, he has stated that his brother, the accused, often used to demand money from his mother and the accused is an alcoholic and used to quarrel with the mother for partitioning of the property. His mother was eking her livelihood from the rental income and she used to give money on demand to the accused and if not given, the accused used to beat her. On 15.2.2006, Radha, who brought his mother to the hospital, informed him that the accused forced his mother to drink "Sani powder", the poisonous substance and killed her. THE accused further told Radha not to reveal this fact to anyone or else she would be killed. c) P.W.4, Radha alias Dhanalakshmi, is residing adjacent to the house of the deceased and she knows the deceased for the past 25 years. On 14.2.2006 at 11.30 a.m., she saw the accused running out of the deceased mother's house, shouting that his mother drank "Sani powder". Immediately, P.W.4, Radha, went inside the house and saw the deceased lying down. When asked the deceased as to why she drank "Sani powder", the deceased told her that the accused demanded money from her and also partition of the property and threatened the deceased to drink "Sani powder" on her own or else he would put his leg on her neck and thus she was forced to drink half of the substance, and the accused himself administered remaining half of "Sani powder" by kicking her on her mouth and chest. When the deceased was telling the truth to P.W.4, one Sampathkumar came inside, listening to their conversation. THEreafter, the accused threatened her (P.W.4) that she and her family members would be killed, if she discloses to anyone what the deceased had told her. P.W.4, thereafter, to make the deceased to vomit the poisonous substance forcibly taken by her, gave her the solution containing salt and tamarind. THEn, she asked the above said Sampathkumar to bring an Auto and took the deceased to the hospital, where P.W.1 was working. THE deceased was given treatment for half an hour in the hospital and even in the hospital, the accused, who came there, threatened P.W.4. As the mother of the accused died, the body was taken to the Government Hospital for post-mortem. d) On 14.2.2006, the Sub Inspector of Police, P.W.9, registered the F.I.R. on the basis of the complaint given by P.W.1 and the same was registered in Crime No.150 of 2006 (Ex.P.11) under Section 174 Cr.P.C. and the same was despatched to the Court. e) On the basis of the F.I.R., P.W.10, the Inspector of Police, took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.2, the observation mahazar and Ex.P.12, the rough sketch. THEreafter, he went to the hospital and conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.13, the inquest report. THE dead body was sent for the purpose of autopsy. f) P.W.7, the Doctor attached to the Government Medical College Hospital, Coimbatore, on receipt of the requisition, conducted autopsy on the dead body of the deceased on 15.2.2006 and issued Ex.P.8, the post-mortem certificate, wherein he has opined that the deceased appears to have died of poison by Aromin. g) On 15.2.2006 at 12.00 noon, P.W.4, Radha earlier Dhanalashmi, came to B-6 Police station and gave a complaint to the Inspector and on that basis, the Inspector registered the second F.I.R. in Crime No.151 of 2006 (Ex.P.14). On the basis of the F.I.R., he investigated the mater and the case was changed from Section 174 Cr.P.C. to Section 302 IPC. At 6.30 p.m. on the very same day, the accused was arrested and he came forward to give confessional statement, which was recorded in the presence of the witnesses. THEreafter, the accused was sent for judicial custody. THE Investigating Officer examined the witnesses and recorded their statements. THE Investigating Officer took up further investigation and on completion of the entire investigation, he had filed the final report.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has considered the same carefully.