VELAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The Appellant Velan has been convicted for an offence of murder of his wife Periammal by the Principal Sessions Judge. Periyar District. Erode in S.C. No. 83 of 1988 and has been sentenced to undergo imprisonment of life by judgment dated 21/11/1988. The said conviction and sentence have been challenged in this criminal appeal.

(2.) The prosecution case in brief is as follows: The appellant Velan belongs to Vethilakkavu community. He married Periammal a girl from other community. They lived happily for sometime. When the appellant was suspecting the fidelity of his wife there was frequent quarrel between husband and wife and on one occasion the appellant had destroyed the hut in which his deceased wife was residing and made her to live with her parents.

(3.) On 23-12-1987 at about 4-45 p.m. at Iyyer Thottam the deceased had gone to pick up firewood. In the morning, PWs 1 to 3 and one Selvam had gone to graze the cattle and they returned. In the evening again they went to Pankadu to bring the cattle back, they heard the sound from the said Iyyer Thottam. They went and saw, the appellant cutting his wife with Veechi Aruval. P.W.1 went to the police Station and lodged a complaint as per Ex. PT with Sub-Inspector of Police. P.W.13 at 7 p.m. who registered a case in Crime No. 665/87 under Section 302 I.P.C. P.W.13 took up the investigation, proceeded to the place of occurrence and prepared observation Mahazar Ex.- P3 and made rough sketch Ex. P22 in the presence of P.W.5 under a Mahazar EX.P.6. He also seized M.Os. 1 to 4 under Ex. P.4 in the presence of P.W.5 P.W.13 conducted inquest on the dead body on 24- 12-1987 between 7 a.m. and 10 a.m. as per Ex. P.13. During the course of inquest he recorded the statements of some witnesses and made an arrangement for autopsy on the dead body as per Ex. P7 through a police constable. The Doctor. P.W.16 went to the spot and commenced the postmortem on 24-12-1987 at 3 p.m. and noticed the following injuries: