VALLI ALIAS VELLI Vs. STATE

JUDGEMENT

(1.) VALLI alias Velli, who is the appellant herein, challenging the conviction and sentence for the offence under Sec.304 (II) of the Indian Penal Code to undergo rigorous imprisonment for two years, has filed this revision.

(2.) THE facts are these: P.W.1 Muniyandi is the husband of the deceased Amirdham. P.W.2 Sumathy, who is 8 years old, is the daughter of the deceased. P.W.3 Nallalu is the P.W.1 "s sister's husband. P.W.4 Velli is the father of the deceased. THEy all belong to a village called Variyankuttam situated in Mudukulathur Taluk.

(3.) P.W.7 Doctor Mohan attached to the General Hospital, Paramakudi, on receipt of requisition Ex.P-3, conducted post-mortem at 8.45 a.m. on 13.8.89. He found the following: "Appearances found at the post-mortem body of a female lying on its back rigor morties passed off with closed eyes and clenched hands. No external injury seen on the body and chest. No evidence of any injury seen on the skull on any region. Bullac and colour changes seen on the body face was swollen with discharge of blood through nose and mouth. Teeth were intact. Hyoid bone intact. Internal Examination: Stomach contained about 200 ml of pale liquid odorous. Livery showed fibrous healed vertical fibrous structure probably representing on old vertical injury to the liver. Lungs appeared pale heart found normal. Spleen was pale. Intestine was pale with liquid present inside. Externals surface showed nodular tubular eleccatians on the kidney and cut surface showed pale bleached like fibrous areas. On opening the skull it was found that membrances of the brain were adherent to the inner surface of the skull over several areas. Especially on the anterior half. Examination and observation of rules and Gyn showed scattered clot like areas possibly of hemorrhage areas especially in the perieto occipital areas away from the corpus, colloron, Brain substance was not liquified. Post-mortem examination was concluded at 10.40 a.m." He issued post-mortem certificate Ex.P-4 and opinion Ex.P-5. He opined that the death occurred due to infection and its spread involving vital organs, liver, lungs and brain. Then, after investigation, charge sheet was filed on 31.1.1990 for the offence under Sec.302 of the Indian Penal Code.