SIVALINGAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Vellore made in S.C.No.102 of 2007, whereby the sole accused/appellant stood charged under Section 302 IPC, tried, found guilty as per the charges and awarded life imprisonment.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: a) P.W.1 is the husband of the deceased Sakunthala. THE sister's daughter of the deceased, by name Manjula, was given in marriage to the accused. THEy had often quarrel, in which the deceased used to interfere and pacify them. 10 days prior to the occurrence, the accused left the house, taking all his goods and utensils, but the said Manjula continued to reside with P.W.1 and his wife. One week prior to the occurrence, the accused came over there and had a quarrel and when the deceased intervened, the accused made a challenge that he would finish her off and so saying, he left the place. b) On 02.08.2005 at about 3.00 p.m., P.W.1 was working in Thirumalai Engineering Works. At that time, he saw the accused crossing the shop fast. Entertaining doubt that he might quarrel with his wife, he followed him. THE accused attacked the deceased with M.O.1, stick on her left side ear. P.W.1 shouted at it. THE accused immediately took the hidden knife and stabbed the deceased on different parts of her body. This was witnessed not only by P.W.1, but also by the other witnesses, namely P.Ws.6 and 7. Immediately, P.W.1 rushed to the spot, went nearby and took her in an auto of P.W.3 to the C.M.C. Hospital, where she was declared dead by the Doctor, who examined her. c) P.W.1 proceeded to Vellore North Police Station and gave Ex.P.1, the complaint to P.W.10, the Sub Inspector of Police, on the strength of which, P.W.10 registered a case in crime No.429 of 2005 under Sections 294(B) and 302 IPC. Ex.P.7, the FIR was despatched to the Court. d) Tamizharasan, the Inspector of Police, on receipt of the copy of the FIR took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.8 the observation mahazar and Ex.P.9, the rough sketch. He also recovered the bloodstained earth, sample earth, knife and a stick under a cover of mahazar. 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.12, the inquest report. THEn, the dead body was sent for the purpose of autopsy. e) P.W.5, the Doctor attached to the Government Medical College Hospital, Vellore, on receipt of the requisition, has conducted autopsy on the dead body of the deceased and has issued Ex.P.6, the post-mortem certificate, wherein she has opined that the deceased would appear to have died of shock and haemorrhage due to the injuries sustained 18 to 24 hours prior to autopsy. f) Pending investigation, the Investigating Officer has arrested the accused at 12.00 noon on 3.8.2005 and he came forward to give confessional statement, which was recorded in the presence of the witnesses. THE accused was sent for judicial remand. THE Investigating Officer has examined the witnesses and recorded their statements. All the material objects were sent for chemical analysis by the Forensic Science Department. THEn, the case was sent to the Vellore Taluk Police Station and was registered in Crime No.329 of 2005. Ex.P.15, the FIR was sent to the Court. P.W.11, the Inspector of Police, took up the further investigation. Ex.P.20, the Chemical Analyst report, Ex.P.21, the Forensic Science report and Ex.P.22, the Serologist's report were received. On completion of the investigation, he filed the final report.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious attention over the same.