PALANI Vs. STATE

JUDGEMENT

(1.) THE accused, aggrieved by his conviction and sentence, has come forward with this appeal.

(2.) THE brief facts are: (i ) One Sherif a Bibi (since deceased), a Muslim, was a resident of Sepoy Street, Masapet Cuddalore O. T. THEre are electric lamp posts in the street emitting light during night hours. THEre is an electric lamp post situate 30 feet away from the house of the deceased. She had a chequere d marital career. She married for the second time one Kaliyaperumal , a hindu who died leaving behind him his son P. W. 1, aged 17. THEreafter, she married the accused, a Harijan , for the third time. Out of this wedlock, two female offspring, P. W. 2 aged 10 and one Zarina Bibi were born. THE deceased was practising native medicine for the treatment of victims of snake and scorpion bite etc. She appeared to have got a decent income. THE accused is a butcher specialise d in removal of goat's skin and was earning a meagre income. He was addicted to consume arrack. THEre were very often skirmishes and quarrels between the spouses. Many a time, the quarrel ensued as a result of suspicion of fidelity of the deceased. P. W. 3 is a neighbour. P. W. 4 resides in the vicinity of the house of the accused at a calling distance. (ii) On the day of occurrence, namely, 13. 6. 1983, P. W. 1 had been to a cinema and returned home. THE deceased and the accused were quarrelling with each other. After supper, they all went to sleep. As usual p. W. 2 and his another sister took their bed in the house of one Vijayaraghavan situate adjacent to their house. At about 1 A. M. , the accused cut the deceased on her neck with M. O. 1 knife. P. W. 1 came to the rescue of his mother and in that process, he also injured on his neck. Both P. W. 1 and the deceased raised a hue and cry attracting the attention of the neighbour s. P. Ws. 3 and 4 saw the deceased and P. W. 1 with cut injuries on their neck. THEy also noticed the accused holding M. O. 2 in his hand. Both P. W. 1 and the deceased ran some distance in the street and fell on the ground. THE deceased died after a while. THE accused also ran away from there carrying the weapon in his hand. (iii) P. W. 2 went to Cuddalore O. T. Police Station and gave Ex. P1 complaint at 1. 45 A. M. , to P. W. 13 Sub inspector of Police, who in turn registered the case in Crime No. 354 of 1983 under Secs. 302, 307 and 326 I. P. C. He prepared express reports and sent the same to the concerned officials, Ex. P19 is the printed f. I. R. , sent to Court. He immediately rushed to the scene of occurrence and sent the injured P. W. 1 to the hospital for treatment. (iv) P. W. 14, Inspector of police, on receipt of the express F. I. R. at 3. 30 A. M. , took up further investigation in the case. XX X X X X [the discussion relating to facts is omitted-Ed. ] (viii) P. W. 10, the Judicial Second Class Magistrate, Cuddalore , on receipt of the requisition from P. W. 14, after administration of necessary warnings and observing the required formalities, recorded the confession Ex. P14 of the accused. (ix) P. W. 14, after completion of the formalities of the investigation, laid a report under Sec. 173, Crl. P. C., before the judicial Second Class Magistrate, Cuddalore on 19th october, 1983 for offences under Secs. 302 and 307, I. P. C. , appeared to have been committed by the accused.

(3.) THE learned counsel appearing for the appellant would submit that the intrinsic and built materials available in the case of the prosecution itself would point out that the act of the accused would fall squarely under Exception 1 to Secs. 300 and 308, I. P. C. , and that therefore the conviction and sentence imposed on the appellant by the Court below are liable to be set aside.