RAMAR Vs. STATE, REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The first accused, who was convicted by the learned IV Additional District and Sessions Court, Madurai, by judgment dated 29.02.2016, for an offence under Section 302 of IPC and sentenced to undergo a life imprisonment and to pay a fine amount of Rs. 2,000/-, in default to undergo three months simple imprisonment, has preferred this appeal.

(2.) The case of the prosecution is that there was a dispute between the appellant and the deceased wife and there was a brief separation. On a compromise held by the elders of the family, the deceased wife rejoined the appellant. Even thereafter the dispute continued and therefore, the deceased wife had given a complaint against the accused persons before the All Women Police Station, Tirumangalam, on 23.08.201 PW.1 is said to have gone to the house of the appellant and warned him. Enraged by the same, the appellant, his father (A-2) and his mother (A-3) had entered into a criminal conspiracy to murder the deceased wife, namely, Alagupillai @ Uma. This criminal conspiracy is said to have happened on 24.08.2013. The next day on 25.08.2013, at about 9.30am, the appellant with an intention to murder the said Alagupillai @ Uma attacked her with vegetable cutter (Aruvamanai) and caused the cut injuries on the back side of the head of the deceased and had also hit the deceased person with iron rod on both sides of the cheeks and also strangulated the deceased. As a result of the same, the said Alagupillai @ Uma - wife of the appellant died on the same day.

(3.) Pw.1, who is the brother of the deceased gave a complaint (ExP.1) to the respondent Police and the respondent Police registered an FIR in Crime No.181 of 2013(ExP.17) for an offence under Section 302 of IPC. PW.15 conducted investigation and took statements from witnesses and also prepared observation mahazar and rough sketch (ExP.18 and ExP.19) in the presence of the witnesses and also recovered the bloodstained earth and sample earth (MO.3 and MO.4) in the presence of the witnesses and prepared an inquest report, marked as ExP.21. Thereafter, the body was sent for postmortem and the postmortem was conducted by PW.12 and the Postmortem Certificate was marked as ExP.14. Subsequently, the accused person was arrested on 26.08.2013 at about 2.00pm and on the basis of the voluntary confession statement recorded in the presence of the witnesses, Investigating Officer recovered the bloodstained clothes, marked as MO.1 and MO.2 and also seized the weapons used at the time of committing the crime, which were marked as MO.5 and MO.6, apart from other material objects. After completion of the investigation, a final report was filed by the respondent Police before the concerned Magistrate Court.