RAJA ALIAS RAJENDRAN Vs. STATE

JUDGEMENT

(1.) RAJA @ Rajendran, the sole accused in this case has come forward with this appeal challenging his conviction and sentence passed by the learned District and Sessions Judge, Tiruvannamalai, by the judgment dated 26. 4. 2007 in S. C. No. 71 of 2004 convicting him for the offence under section 302 Indian Penal Code and sentencing him to life imprisonment and imposing a fine of Rs. 10,000/-, in default, to undergo two years rigorous imprisonment.

(2.) THE accused faced the trial under the following backdrop: (i) The accused is the husband of the deceased. Both the accused and the deceased were doing wood-cutter profession. PW5 purchased mango trees from pw2 and engaged the deceased and the accused and one Gopal for cutting the mango trees and they were staying in the mango grove by putting up a tent. On 15. 10. 2002, the accused, de-ceased and the said Gopal went and asked their wages from PW5 at 5. 00 p. m. and PW5 gave money to the accused and the deceased and they purchased provisions from that money. PW5 left for Chennai on the next day. (ii) PW3 is a child witness and she was residing alongwith the accused and the deceased as the accused is her uncle and the deceased is her aunt. It is stated by PW3 that the accused beat the deceased with a stick and also with a stone on her head and the deceased died and the said occurrence took place during mid night. It is further stated by PW3 that there were frequent quarrels between the accused and the deceased. It was claimed by PW3 that the deceased woke up her and informed that she was assaulted by the accused and the deceased died half an hour thereafter. PW3 after witnessing the occurrence slept at the place of occurrence. (iii) On 16. 10. 2002 at about 8. 00 a. m. , PW2 the owner of the mango grove, came to his mango grove and found the deceased lying dead with head injuries and PW3 was standing near the dead body. Thereafter, PW2 went to the office of PW1, Village Administrative officer, at 11. 45 a. m. and informed about the occurrence. PW1 went to the scene of occurrence and found the deceased lying dead and also found PW3, six years old child at the spot. PW3 stated that there were frequent quarrels between the accused and the deceased and she also stated that the deceased is her aunt. PW1 came back to his office alongwith PW2 and prepared a report, Ex. P1 and went to the police station and gave the report, Ex. P1 on 16. 10. 2002 at 4. 00 p. m. to the inspector of Police, PW11 Ami Police station. (iv) PW11, Inspector of Police, on receipt of the report, Ex. P1, registered a case in Crime No. 694 of 2002 under section 302 IPC. Ex. P14 is the printed first Information Report. He sent the report to the higher police officials and to the Court. (v) PW11 went to the scene of occurrence and prepared the Observation mahazer, Ex. P2 and the rough sketch, ex. P15 in the presence of PW4. He seized bloodstained earth, M. Os1 and 3 and sample earth, M. Os 2 and 4 and a 10 rupee note, M. O. 6, under Ex. P3. He held inquest on the dead body of the deceased. Ex. P16 is the inquest report. During inquest, he examined ravi, Venkatesh, Perumal, Magi @ magendran and Arumugam. He sent the body for post mortem. On 16. 10. 2002, he examined some of the prosecution witnesses and recorded their statements. (vi) PW9, the Doctor, attached to the government Hospital, Arni, conducted postmortem on 17. 10. 2002 at 1. 00 p. m. as per the requisition, Ex. P9. He found the following injuries: external: (1) 35 years old female body with dried blood all over the face and both nostrils of nose. (2) Foul smelling and adematous body. (3) Lacerated injury on the parietal scalp 3 x 2 x cm (brownish red)in left side. (4) Lacerated injury on the centre of frontal scalp 3 x 2 x cm. (5) Lacerated injury on the left parietal region of scalp 2 cm below injury No. 3 (Brown ). (6) Contusion on the both eyes 3 x 3 x cm (Bluish colour ). (7) Eyebrows are swollen and Bluish colour. (8) Sub-Conjunctival Haemorrhage on both eyes present. (9) Tongue not protruded red pale colour. Teeth normal. (10) Nails of hands and toes of foot are slightly cyanosed. Lips also slightly pale. (11) Abrasion right cheek 5 x 3 cm (Black ). (12) Abrasion of 3 x 2 cms black colour on the right neck. (13) Bluish, dilated veins seen in upper chest and both upper limbs. (14) Ligature mark of 7 x 3 x cm of black colour seen on the front of neck in the thyroid cartilage level running on the right neck upwards and backwards and 3 x 2 x cm on left side of neck upwards and backwards. (15) Abrasion on the right arm 3 x 2 cm (Brownish red) present. (16) Abrasion of 5 x 4 cm (Brownish red) on the right inguinal region of abdomen. (17) Abrasion of 3 x cm on the left leg (Brownish red ). (18) Lacerated injury on the right palm between little and fourth finger of 4 x 2 x cm. (19) Lacerated injury on the left palm between 4th and 5th finger. 4 x 2 x cm (both are Brownish red ). (20) Abrasion on the lower abdomen 5 x 3 cm (Brownish red above the perineum ). Internal Examination: (1) Contusion 5 x 4 x cm on the right parietal region of scalp (Brownish read ). (2) Contusion of 4 x 3 x cm on the left parietal scalp (brownish red ). (3) No fracture of skull. (4) Brain coverings normal except congested. (5) Brain started liquifying. (6) Neck: On cut section of the ligature mark (on the right side and left neck), the base is congested and the margin show minute haemorrhages. The mark is soft. (7) The hyoid bone is normal. (8) Thyroid cartilage and larynx and trachea are normal. (9) The soft tissues of Thyroid cartilage shows contusion of 5 x 4 x 1/8 cm. (10) Carotid artery is normal. (11) Contusion of right chest mid clavicular line 5 x 4 x cm below which fracture of 3, 4th rib, right present. (12) Both lungs are congested. (13) Heart is normal. (14) Stomach contained 20 ml of pale brown liquid. (15) Intestines empty. (16) Liver spleen and kidneys are normal. (17) Contusion of 5 x 5 x cm in both thigs (upper region) with clotted blood seen. (18) No spine and long bone fracture. Hyoid bone viscera preserved for analysis. Ex. P12 is the post mortem certificate. The Doctor opined that the deceased would appear to have died of asphyxia due to ligature strangulation after shock and haemorrhage due to head and multiple injuries within 36 to 48 hours prior to post mortem. (vii) PW11, in continuation of his investigation, examined PWs 5 and 6 on 18. 10. 2002. On 21. 10. 2002 at about 10. 00 a. m. , the accused is said to have appeared before PW6, the Village administrative Officer, and alleged to have given an extra-judicial confession, Ex. P4. Thereafter, PW6 took the accused to the police station at 12. 30 p. m. and the accused was arrested by pw11. In pursuance of the admissible portion of the confession statement Ex. P5, PW11 recovered M. O. 7, stick, m. O. 8, stone, and M. O. 9, a bit saree and M. O. 10, ashes in the presence of witness, P. W. 4 under the mahazar, Ex. P6. Thereafter, he sent the material objects for chemical examination through the Court and obtained reports, Exs. P17 and 18. On 21. 10. 2002, pwll examined PWs 3 and 6 and recorded their statements. On 21. 2. 2003, pw11 examined PW9 and recorded his statement. On 28. 2. 2003, PW11 completed his investigation and filed the final report against the accused under section 302 IPC.

(3.) THE prosecution, in order to bring home the charges levelled against the accused, examined PWs 1 to 11, filed Exs. P1 to P18 and marked M. Os. 1 to 15.