MANICKAM Vs. STATE

JUDGEMENT

(1.) The sole accused, who was convicted for the offence under Section 302 IPC (2 Counts) and sentenced to undergo Life Imprisonment for each count, has preferred the present criminal appeal.

(2.) On the side of the prosecution, as many as 26 witnesses were examined and 4 documents and 29 material objects were marked. Three documents were marked, but, no evidence was let in on the side of defence.

(3.) The sum and substance of the case of the prosecution, as unfolded by the witnesses-reads as follows: P.W.9 Baby is the co-sister of the deceased Vijaya. The husband of Vijaya had passed away in the year 2003. The deceased Vijaya is the aunt's granddaughter of P.W.I Madheswari. After the demise of her husband Palanisamy, the deceased Vijaya came down to reside near the house of P. W. 1 Madheswari. Accused Manickam also set up his residence in one of the houses in the very same row about two months prior to the occurrence. Accused Manickam had developed illicit relationship with the deceased Vijaya and used to frequent her house. On 18.2.2007, at about 7.00 p.m., Vijaya and Guna alias Kathiravan were in the house of P.W.I Madheswari. Having left Guna Kathiravan in the house of P.W.I Madheswari, Vijaya proceeded to her house for preparing the dinner at her house. Guna alias Kathiravan stayed back in the house of P.W.I Madheswari and completed his non-vegetarian dinner and thereafter, he was taken by Vijaya to her house. P.W.12 Shammugam is the friend of accused Manickam. On 18.2.2007, at about 8.00 p.m., he met accused Manickam and they proceeded to Mohan Theatre and watched second show Tamil movie "EE" and thereafter, they proceeded to their respective houses. P. W. 10 Iyyappan, who was an employee under P.W.11 Regupathy - Hotelier, spotted accused Manickam walking along Villarasam Mariamman Temple Street at about 2.00 a.m. P.W.7 Sakthivel saw accused Manickam entering into the house of the deceased Vijaya at about 2.00 a.m. on 19.2.2007, when he came out to pass urine. P.W.8 Gopi, son of P.W.2 Arumugam - House owner of the said row of houses, witnessed accused Manickam proceeding to his house emerging out of the house of the deceased Vijaya at about 2.15 a.m. on 19.2.2007. P.W.I3 Murugesan is having workshop near Arularasi Mariamman Temple Street and at about 3.00 a.m. on 19.2.2007 ho saw accused Manickam going over there. He asked accused Manickam where he was proceeding. Accused Manickam replied that he was going to his village. P.W.13 Murugesan found the accused carrying something in his hands. P.W.14 Jeganathan, Tea Stall Owner, would depose that accused Manickam came down to his shop and purchased three cigarettes having paid Rs. 10/-. P.W.I Madheswari having found that Guna alias Kathiravan was not ready to board the auto-rickshaw to proceed to his school at about 8.30 a.m. on 19.2.2007, she called Vijaya, there was no positive response from her house nor did the boy come out from the house to proceed to the school. Therefore, P.W.I Madheswari went to the house of Vijaya and found that the door was just closed and she opened the door and found that Vijaya and Guna @ Kathiravan were lying dead. Injuries were found in the neck as well as in the right hand of Vijaya. Guna @ Kathiravan also had sustained injury in his neck. The articles found in the house ware not tampered with. She came out of the house and raised hue and cry. P.W. 1 Madheswari proceeded to Chithode Police station and gave Exhibit P-1 Statement to P.W.25 Sub-Inspector of Police Senthilkumar, who recorded the same and registered a case in Crime No. 80/07 under Section 302 IPC. He prepared Exhibit P-33 Express First Information Report and despatched the same to the learned Judicial Magistrate concerned and the Higher Officials through P.W.23 Grade I Constable Jayaraman. P.W.26 Inspector Selvam took up the case for investigation. Having alerted the Sniffer Dog Squad and Finger Print Expert, proceeded to the scene of occurrence at about 10.00 a.m. on 19.2.2007. He drew Exhibit P-34 Rough sketch, reflecting the scene of crime. P.W. 19 Arivarasu took M.O.15-series Photographs of the scene of occurrence. P.W.26 Inspector Selvam also prepared Exhibit P-11 Observation Mahazar in the presence of P.W. 17 V.A.O. Ramanturthy and another witness. He held inquest on the dead bodies of Vijaya and Guna @ Kathiravan in the presence of panchayatdars and witnesses and prepared Reports Exhibits P-35 and P-36. At about 3.30 p.m. on the same day, he recovered M.Os.l and 2 Pillows; M.O.3 Blood stained Lime mortar; M.O.4 Sample Lime mortar; M.Os.5 and 6 Blood stained Mats; M.O.7 Shirt; M.O.8 Blood stained Cement Mortar; M.O.9 Sample Cement Mortar and M.O.10 Blood stained TVS 50 XL Owner's Manual Book under Exhibit P-12 Mahazar. P.W.26 Inspector Selvam examined P.W.I Madheswari, P.W.2 Arumugam, P.W.3 Namasivayam, P.W.4 Vasanthi, P.W.5 Arumugham, P.W.6 Senthilkumar, P.W.9 Baby, P.W. 10 Iyyappan, P.W. 11 Regupathy, P.W. 13 Murugesan and other witnesses and recorded their statements. P.W. 15 Dr. Sakthivel having received the requisitions from P.W.26 Inspector Selvam to conduct post-mortem examination on the dead bodies of Vijaya and Guna @ Kathiravan, commenced the postmortem examination on the dead body of Vijaya, aged 21 years, at about 4.00 p.m. on 19.2.2007 and found the following appearances and external and internal injuries-