H. KRISHNAN Vs. STATE

JUDGEMENT

(1.) THE accused in Sessions case No. 39 of 1988 on the file of the District Judge, Dharmapuri District at Krishnagiri is the appellant. He was tried before the learned Sessions Judge for a charge of murder on the allegation that at about 3.30 a.m. on 9.12.1987 he caused the death of his wife Vanitha by stabbing her repeatedly with crow bar M.O.3 as a result of which she died. A charge under section 307 of the Indian Penal Code was also framed against the accused on an allegation that in the course of the same transaction he stabbed P.W.2 repeatedly with the same crow bar and thereby attempted to cause the death of P.W.2. The learned Sessions Judge, on the evidence adduced, both oral and documentary, held that the charges have been proved and accordingly convicted the appellant/accused and sentenced him to undergo imprisonment for life for the charge under section 302 of the Indian Penal Code and also directed the accused to suffer rigorous imprisonment for a period of four years for the other charge under section 307 of the Indian Penal Code. Aggrieved by the said order of conviction and sentence the present appeal is preferred by the appellant, who hereinafter will be referred to as the 'accused' in this judgment.

(2.) THE case of the prosecution is this: The deceased is the second wife of the accused. P.W. 13 is the mother of the accused. The deceased and the accused were residing in a thatched house at Ponnathur village. P.W.2 was residing -100 feet away from the house of the deceased and according to the prosecution the deceased and P.W.2 were having illicit relationship and that the accused warned his wife not to have any relationship with P.W.2.

(3.) AT about 7.00 a.m. on 9.12.1987 P.W. 12 the Village Administrative Officer was duly informed about the death of Vanitha by P.W. 1. The statement given by P.W. 1 was reduced into writing and the same stands marked as Ex.P.l. P.W. 12 thereafter prepared Ex.P.9 and took both Exs.P. 1 and P. 12 to Bargur Police Station and handed over the same to P.W. 16 the Sub Inspector of Police at 4.30 p.m. who on the basis of which registered a case in crime number 385/87 for the offence punishable under sections 302 and 307 of the Indian Penal code against the accused. The express report was then despatched to the higher officials. In the meantime P.W.2 who sustained injuries at the hands of the accused was removed to the Government hospital, Krishnagiri and was examined by P.W.9 at 7.15 a.m. On examination P.W.9 found the following injuries on P.W.2: