MURUGAIYAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused who was convicted by the judgment dated 4.8.2006 in S.C.No.289 of 2006 on the file of the learned Principal Sessions Judge, Cuddalore and sentenced to undergo life imprisonment and also to pay a fine of Rs.5,000/ -, in default to undergo rigorous imprisonment for six months for the offence under Section 302 IPC and to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.1,000/ -, in default to undergo rigorous imprisonment for two months for the offence under Section 307 IPC and the sentences have been ordered to run concurrently. The legality of the said judgment is put in issue in this appeal.

(2.) THE case of the prosecution is that the appellant/accused was serving in the Central Security Force and he was a liquor addict. He stayed in Thillaiamman Nagar, Chidambaram along with his mother, P.W.1 and younger brother, P.W.4 and did not leave the said place even after the leave had expired. As he had no source of money to purchase liquor, he used to demand money from his mother, P.W.1 as well from the deceased -Anjalatchi, who is none other than his younger brother's wife. Whenever such demands were made, P.W.1 as well as the deceased used to scold him for his addict to liquor. On the fateful day i.e., on 23.12.2005 around 4.30 p.m., when the accused demanded money from his mother, P.W.1 for taking liquor, she stated that she did not have any money and therefore the accused scolded her. Thereafter, P.W.1 came out of the house. At that time, the deceased, working as a Teacher, returned back from the school at 5.30 p.m. When the deceased went inside the house after waiting outside for some time along with her daughter -Reshma, the accused again demanded money from her, but the deceased expressed her inability to provide money to the accused. Hence the accused took up a crow bar and threatened the deceased that he will murder her as well as her daughter in the event she did not pay money. As the deceased again told the accused that she did not have money, the accused attacked her daughter -Reshma with the crow bar on the back of her head and she fell down. As the deceased tried to save her daughter, the accused attempted to attack her but she ran out of the house fearing threat to her life. The accused followed her and hit on the head of the deceased with the same crow bar causing her instantaneous death and thereafter he fled from the place of occurrence.

(3.) ON receipt of telephonic message from the Chidambaram Annamalai Nagar Police Station, P.W.17, the Sub Inspector of Police attached to Killai Police Station, visited the Rajah Muthiah Medical College and Hospital, where the injured -Reshma was taking treatment and recorded the complaint, Ex.P -21 from P.W.1 -Adilakshmi, who was also in the hospital along with her granddaughter, at 7.30 p.m. He came back to the police station and registered a case in Cr.No.242 of 2005 for the offence under Section 307 and 302 IPC. The printed First Information Report is Ex.P -22. He forwarded the express reports to the Judicial Magistrate, Parangipettai as well to the higher police officials. He handed over the investigation to P.W.20.