GOPALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment of conviction and sentence dated 15.02.2011 passed by the District and Sessions Judge, Nagapattinam in S.C.No.60 of 2009.

(2.) It is the case of the prosecution that, on 10.08.2006, around 02.00 p.m., the appellant quarreled with his wife Amudha in his house and in a fit of anger, held her by her neck and dashed her head on the door frame, due to which, she suffered serious injury resulting in death. In order to conceal the offence, it is alleged that he cut the nylon saree that was already tied to the ceiling and was being used as a cradle and created a scene, as if she had attempted to commit suicide.

(3.) On the complaint (Ex.P1) lodged by Soundararajan (P.W.1), the father of Amudha, Manimaran, the Sub-Inspector of Police, registered a case in Crime No.399 of 2006 under Section 302 IPC and prepared the printed FIR (Ex.P7). The investigation of the case was taken over by Kalaimani (P.W.8), Inspector of Police, who went to the place of occurrence and prepared the Observation Mahazar (Ex.P17) and Rough Sketch (Ex.P8) in the presence of Muthaiyan (P.W.4) and Velavan (not examined). She had the place of occurrence photographed and negatives were marked as M.O.7 Series and photographs were marked as M.O.8 Series. She seized the nylon saree pieces from the ceiling and from the floor under cover of Mahazar (Ex.P3) and the two pieces of the same saree were marked as M.O.9 and M.O.10. She conducted inquest over the body of the deceased, prepared the Inquest Report (Ex.P9) and sent the body to the Government Hospital for postmortem through HC 428. Dr.Lakshmi (P.W.6) performed autopsy on the body of the deceased and in her evidence as well in the Postmortem Certificate (Ex.P5), she has stated as follows : "