AYYANAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (This criminal appeal has been preferred under Section 374(2) Cr.P.C. against the judgment of the learned Principal Sessions Judge, Salem made in S.C.No.125 of 2005, dated 11.8.2005.) M. Chockalingam, J. This appeal challenges the judgment of the Principal Sessions Division, Salem made in S.C.No.125 of 2005, whereby the sole accused/appellant stood charged under Sections 302 and 392 IPC, tried, found guilty as per the charges and awarded life imprisonment and to pay a fine of Rs.1000/-, in default to undergo 6 months R.I. under Section 302 IPC and 7 years R.I. and to pay a fine of Rs.1000/-, in default to undergo 6 months R.I. under Section 392 IPC and the sentences were ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows: a) P.W.1 is the husband of the deceased Ellammal and is residing at Omalur Vattakadu within the jurisdiction of the respondent police station. THE accused also belonged to the same place. On 09.01.2004, P.W.1 and his wife took the goats for grazing in the morning hours. Some time later, P.W.1 went to purchase grocery at Vellalapatti and returned in the afternoon. When he came back at about 2.45 p.m., he could not see his wife. At that time, one Unnamalai was also grazing her buffalo. P.W.1 asked her about his wife and she has replied that his wife has taken the goats in the southern direction. Immediately, he went in search of her in the said direction, but he could not see his wife and he shouted. On hearing the shouting, one Pachaiyappan, who was returning from work, came there and asked him about his shouting. P.W.1 told him that his wife, who went for grazing, was not found. At that time, Pachaiyappan told him that a body was lying nearby. Immediately, P.W.1 went there and found the dead body of his wife and she was tied by a towel over her mouth and he noticed that the blood was oozing and also found incised wounds on both the sides of temporal region, left side shoulder and beneath the jaw. He also found that the gold ear stud was also found missing. b) Immediately, he proceeded to the respondent police station and gave a complaint Ex.P.1 at about 4.30 p.m. to P.W.10, the Sub Inspector of Police. On the strength of the same, P.W.10 registered a case in Crime No.14 of 2004 under Section 392 r/w Section 397 and 302 IPC. Ex.P.13, the F.I.R. was despatched to the Court. c) P.W.11, the Inspector of Police, on receipt of the copy of the F.I.R., took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.2, the observation mahazar and Ex.P.14, the rough sketch. He conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.15, the inquest report. He recovered the material objects from the place of occurrence under a cover of mahazar. THE dead body was sent to the Government Hospital, Salem for the purpose of autopsy. d) P.W.12, the Doctor attached to the Salem Government Mohan Kumaramangalam Medical College, on receipt of the requisition, has conducted autopsy on the dead body of the deceased and has issued Ex.P.17, the post-mortem certificate, wherein he has opined that the deceased would appear to have died of shock and haemorrhage due to head injuries. e) P.W.13, the Inspector of Police, took up further investigation. On 19.4.2004, the accused surrendered before the Judicial Magistrate No.1, Mettur in respect of Crime No.111 of 2004 of the very same Omalur Police station. THE police custody was sought for and it was actually ordered. Pending police custody, the accused came forward to give confessional statement, which was recorded in the presence of P.W.7, V.A.O. and also the other witness. THE admissible part of the confessional statement was marked as Ex.P.6. THEreafter, the accused took the police party to P.W.8, from whom M.O.4, gold stud worn by the deceased was recovered and it was identified by P.W.1. P.Ws.4 and 5 came forward to give statements stating that they found the accused nearby the occurrence place at the time of occurrence and their statements were recorded by the concerned Judicial Magistrate under Section 164 Cr.P.C. On completion of the investigation, the Investigating Officer has filed the final report.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.