MANOHARAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal preferred under Sec.374(2) of the Code of CRIMINAL Procedure against the judgment of the I Additional Sessions Judge, Erode, made in S.C.No.11 of 2004 dated 19.3.2004.) This appeal challenges a judgment of the I Additional Sessions Division, Erode, made in S.C.No.11 of 2004 whereby the sole accused/appellant stood charged under Sections 302 and 201 of IPC, tried, found guilty as per the charges and awarded life imprisonment on the first charge and 3 years Rigorous Imprisonment on the second charge.

(2.) SHORT facts necessary for the disposal of this appeal can be stated thus: (a) The accused/appellant was the husband of the deceased Rani. P.W.3 is their son. P.W.1 is the brother of the deceased. P.W.6 is the sister of the accused. The accused had another son who was actually brought up by P.W.5, the brother of the accused. The accused was employed in a Dye Factory, while Rani was employed in a Sago Factory. P.W.3 was doing fifth standard during the relevant time. The accused along with the deceased and son P.W.3 was residing in the house of P.W.8 as a tenant. P.W.6 the sister of the accused and also a resident of Varakadai, Mayiladuthurai, came to the house of the accused and wanted money. She expressed her desire that she was ready to sell her land and asked money in consideration of the same. Though the accused was amenable for that, the deceased opposed the same. At that time, they were quarrelling, and P.W.6 pacified the situation and went away. The deceased was insisting the accused to deposit the money in her name and in the name of P.W.3. At that time, the accused got wild and beat her. (b) On 24.3.2003 in the evening hours, P.W.3 after coming from school went to play, and when he entered into the house, he found his mother weeping. Thereafter, P.W.3 took food and went outside and was studying. The next morning, when P.W.3 woke up, he found the inner room kept locked. He asked the accused about his mother. The accused replied that she had gone to Palani, and he got food from the nearby hotel, and P.W.3 took the food brought from the Hotel. Even in the evening hours also she did not come. For a few days, the inner side room was kept locked. Whenever P.W.3 questioned, the accused was giving evasive answers, but was getting food from the hotel for him. (c) On 26.3.2003, the accused approached P.W.7 for hiring his tempo so as to take his all the household utensils to Mayiladuthurai. P.W.7 demanded Rs.3000/- and asked for an advance of Rs.500/-. Accordingly, at about 4.00 P.M., P.W.7 came with his tempo, and all the household articles were taken at about 5.00 P.M. The accused and P.W.3 also accompanied P.W.7. P.W.1 on seeing the household articles and utensils brought in the tempo, questioned the accused about his sister. He replied that she had gone to Palani and would be coming back. Within a few hours, the accused left the place. Since he did not return, P.W.1 questioned P.W.3, and P.W.3 narrated that for a few days, the inner room was kept locked, and his father told him that his mother had gone to Palani, and he got food from the hotel. Entertaining suspicion, P.W.1 accompanied by P.W.2 his sister and P.W.3, went to the place of occurrence on 27.3.2003 at about 7.30 P.M., and found the house locked but, he was able to scent a bad odor which emanated. Then they broke open the doors and found two gunny bags. One bag containing the trunk and the other containing the head were kept tied. Immediately, P.W.1 proceeded to the respondent police station where P.W.12 was the Head Constable to whom he gave Ex.P1, the report. Then a case came to be registered in Crime No.119 of 2003 under Sec.302 of IPC. The printed FIR, Ex.P10, was despatched to the Court. (d) On receipt of the copy of the FIR, P.W.16, the Inspector of Police of that Circle, took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P6, and also a rough sketch, Ex.P22. He recovered the material objects from the place of occurrence. In the presence of witnesses and panchayatdars, he conducted inquest on the dead body of Rani and prepared an inquest report, Ex.P23. Then the dead body was sent to the Government hospital along with a requisition for the purpose of autopsy. (e) The dead body was subjected to postmortem on a requisition, by P.W.9, the Civil Assistant Surgeon, attached to the Government Head Quarters Hospital, Erode, and has issued a postmortem certificate, Ex.P3, stating that the deceased would appear to have died 72 to 96 hours prior to autopsy. She gave her opinion under Ex.P5 that the deceased would appear to have died of multiple injuries over the head. (f) The Investigator examined the witnesses and recorded their statements. On 29.4.2003 at about 6.00 A.M., he arrested the accused near Thanneerpandalpalayam. The accused came forward to give a confessional statement voluntarily. The same was recorded. The admissible part is marked as Ex.P8, pursuant to which he produced M.O.13, cricket bat, and also the other material objects. They were all recovered under a cover of mahazar. He was sent for judicial remand. All the material objects were subjected to chemical analysis, and Ex.P14, the chemical analyst's report, and Ex.P19, the serologist's report, were received by the Judicial Magistrate concerned. P.W.18, the Inspector of Police, took up further investigation, and on completion of investigation, he filed the final report.

(3.) ADDED further the learned Counsel that according to the prosecution, the occurrence has taken place within the house where he was residing with his wife that admittedly, P.W.3 was also staying there that night that had it been true that she was actually attacked by the accused with the cricket bat, she would have raised alarming cry, and by that P.W.3 would have woken up but, he has not heard any sound that the medial opinion also did not support the prosecution case that under the circumstances, the trial Court has relied upon the unacceptable evidence of P.W.3 and awarded punishment of life imprisonment, and hence he is entitled for acquittal in the hands of this Court.