PARANDHAMAN Vs. STATE

JUDGEMENT

(1.) The sole Accused Parandhaman, who was convicted for the offence punishable under Sections 302 of Indian Penal Code and was sentenced to undergo Life Imprisonment, moves the present appeal.

(2.) On the side of the prosecution, eleven witnesses were examined and eleven documents and thirteen material objects were marked. Neither oral nor documentary evidence was let in on the side of defence.

(3.) The sum and substance of the prosecution case, as unfolded by the witnesses, reads as follows: P.W.I Venkatesan is the brother of deceased Valliyammal and P.W.2 Devaki is the wife of P.W.I. The accused Parandhaman is none other than the husband of the deceased Valliyammal. The accused along with the deceased Valliyammal resided opposite the house of P. W. 1 Venkatesan and P.W.2 Devaki at Bangaramma Kandigai village. About five years ago, accused Parandhaman married the deceased Valliyammal. Only for few days did they lead the happy married life. After they were blessed with two children, the accused Parandhaman became a drunkard. He refused to part with any money even for household expenditure. The accused used to beat Valliyammal often. Valliyammal, aggrieved by the attitude of the accused, used to return to the house of P.W.I Venkatesan. Three months prior to the occurrence, the accused beat Valliyammal and his children and sent them away. P.W.5 Subramani, a panchayatar, conciliated the matrimonial disputes between the accused and the deceased for two occasions and sent Valliyammal to the accused Parandhaman. Only for about a week's time were they happy. Thereafter they started quarrelling with each other. On account of the harassment and cruelty committed by the accused as against Valliyammal, the latter became sick and could not co-operate for cohabitation with the accused. On 3.11.1999 at about 8 pm, Valliyammal came to the house of P.Ws. 1 and 2; that was a day of Deepavali and after bursting crackers and taking meals during night, Valliyammal returned to matrimonial home at 10.30 pm. The distance between the house of P.Ws. 1 and 2 and the house of the accused was just 100 ft. Everyone went to bed after Valliyammal left for her matrimonial home. At about 1 am on 4.11.1999, there was a hue and cry in the house of the accused Parandhaman. P.W.I Venkatesan and P.W.2 Devaki could hear the wailing noise of the sister of P.W. 1. P.Ws. 1 and 2 rushed to the house of accused armed with torch-light and they heard the shouting of the accused at Valliyammal. They also heard Valliyammal crying aloud. P.Ws.l and 2 witnessed the accused Parandhaman attacking Valliyammal with the knife used to cut tender coconuts on the neck, head and all over the body indiscriminately. When P.W.I Venkatesan challenged the accused Parandhaman, but the latter took to the heels showing the knife. P.Ws.l and 2 saw Valliyammal dead in a pool of blood. Their children aged five years and three years were found crying on seeing their mother in a pool of blood. P.W.4 Kuppan, the neighbour of P.Ws. 1 and 2 and the accused saw the accused running away from his house armed with knife at about 1 am on 4.11.1999. P.W.I Venkatesan proceeded to Arakonam Town Police Station and lodged the Complaint-Exhibit PI to P.W.9 Thulasi, Sub Inspector of Police and P.W.9 registered a case in Crime No. 840 of 2009 under Section 302 IPC and prepared Printed First Information Report-Exhibit P-9 and despatched the original of the same to the learned Judicial Magistrate concerned and the copies thereof to the higher officials. P.W.10 Mr. Mutharasu, Inspector of Police, Arakonam Town Police Station, having received a copy of First Information Report at about 8 am on 4.11.1999, rushed to the scene of occurrence at about 8.30 am. He inspected the scene of occurrence in the presence of P.W.6 Village Administrative Officer Logan and Another and prepared Observation mahazar-Exhibit P4. He also drew Rough Sketch-Exhibit P-10. He arranged to take photographs of the dead body through Photographer P.W.7 Balakrishnan. The photographs were marked as Exhibit P-6 and the negatives thereof were marked as Exhibit P7. P.W.10 Inspector Mr.Mutharasu seized M.Os.l and 2, Blood stained mats, M.O.3 Blood stained bed sheet, M.O.4 Blood stained pillow and M.Os.5 and 6 Blood stained pillows tied with Nylon saree from the scene of occurrence under Exhibit 5 Mahazar in the presence of very same witnesses. He held inquest on the dead body of Valliyammal between 10 am and 1 pm on 4.11.1999 in the presence of panchayatars and witnesses and prepared Exhibit PI 1 Inquest Report. He examined P.W.I Venkatesan, P.W.2 Devaki, P.W.4 Kuppan, P.W.5 Subramani and other witness and recorded their statements. He sent Requisition-Exhibit P-2 through P.W.8 Paul Michel, Head Constable attached to Arakonam Town Police Station, for the purpose of conducting autopsy on the dead body of Valliyammal. P.W.3 Dr. Jeeva, attached to Government Hospital, Arakonam, having received the requisition from the Inspector of Police, Arakonam through P.W.8, commenced post-mortem examination on the body of Valliyammal at 3 pm on 4.11.1999 and found the following external and internal injuries: