RUKMANI Vs. STATE

JUDGEMENT

(1.) THE accused was charged for the offence under Sec.302, I.P.C. on the allegation that on 7.4.1991 at about 11.30 a.m. with the intention of committing murder of her mother-in-law Ramakkal, the accused stabbed her with Aruval and caused death to her.

(2.) THE case of the prosecution on the evidence of P.Ws. is as follows: P.W.1 is the husband of the deceased Ramakkal. P.W.1 has two daughters and one son Murthy and the accused is the wife of Murthy. Murthy P.W.3 and the accused got married four years prior to the occurrence and they have got a son of two years old. THE accused was living in P.W.1's house and one year prior to the occurrence, due to some family problem, the accused went to her parent's house and she returned to P.W.1's house one month prior to the occurrence. THE accused would not listen to the words of her mother-in-law. THE deceased and the accused used to frequently quarrel. According to P.W.1 about a year and eight months back, one Sunday at about 11.00 a.m., P.W.1 was drying tobacco in his field, the deceased was grazing buffalo in that field and the accused was grazing the goat. THE deceased tied the buffalo and went to attend to the crops. THE accused was sitting nearby the deceased asked the accused as to why she was sitting idle and she can do some work. THE accused retorted to it stating that the deceased need not tell anything and she herself knows everything and after some time P.W. 1 heard the noise.? "TAMIL" When P.W. 1 went and saw, he saw the accused cutting his wife on her head. THEn the accused stabbed the deceased on her shoulder and hip stating "TAMIL" THE deceased fainted and fell down. THE accused ran away from the scene of occurrence with the weapon. P.W.2 is the grand daughter of P.W.1 who also witnessed that occurrence and ran away from that place. P.W.1 gave water to the deceased. P.W.3 son of P.W.1 and husband of the accused on hearing about the occurrence came to the scene of occurrence and found his mother the deceased with injuries. THEn P.W.3 took the injured to the private hospital by car brought by Chinnasamy and Sampath. P.W.4 doctor who was present in the private clinic referred that case to the General Hospital, Gobichettipalayam as the injured was in serious condition and he sent the injured by ambulance. P.Ws.1 and 3 accompanied the deceased to the hospital, Gobichettipalayam. THEre the injured died at 1 p.m. P.Ws.1 and 3 went to Nambiyur Police Station and gave the complaint Ex.P.1, P.W.7 recorded Ex.P-1, registered a case under Crime No.55 of 1991 under Sec.302, I.P.C., prepared F.I.R. Ex.P-8 and sent Exs.P-1 and P-8 to the Judicial Magistrate through the constable and copies of the same to the higher authorities. P.W.5 the doctor Gobichettipalayam examined the injured brought by P.W.3 at 2.15 p.m. on 7.4.1991 and found on her the following injuries. (i) An incisted wound on the left join 5cm ? 3 cm ? abdominal cavity opened. (ii) An incisted wound on the right temple (forehead) 3 cm ? 1 cm ? bone deep. (iii) An incised wound 5 cm ? 1 cm ? 1 cm on the head right parietal region. (iv) An incised wound with oblique direction 2 cm behind the wound No.3 cm ? 1 cm ? 1 cm on the head. (v) An incised wound on the upper part of back 4 cm ? 1 cm ? 1 cm. (vi) An incised wound on the back of right shoulder 5 cm ? 4cm ? 5 cm depth. (vii) An insisted wound 1 cm ? 1 cm ? 1 cm. He gave the accident register copy Ex.P-2 and sent intimation to the Judicial Magistrate, Gobichettipalayam under Ex.P-4 with regard to admitting the patient Ramakkal in the hospital. That intimation was received by the Judicial Magistrate at 2.45 p.m. on 7.4.1991 and after receipt of it. the Judicial Magistrate went to the hospital at 2.45 p.m. on 7.4.1991 and after receipt of it the Judicial Magistrate went to the hospital at 2.55 p.m. and found the patient died. P.W.9 Inspector of Police received F.I.R. took up the case for investigation, went to the hospital, on receipt of information Ex.P-3 from the General Hospital, Gobichettipalayam, He could not hold inquest on that day since it was 6.15 p.m. He received Ex.P-3 from the police station. On the information give to him he proceeded to Nambiyur P.W.1 identifying the accused, he arrested the accused and recorded the confession statement of the accused and on the portion Ex.P-9, he seized M.O.1 produced by the accused under mahazar Ex.P-10 in the presence of P.W.8. P.W.9 visited the scene of occurrence, prepared the rough sketch Ex.P-13, made arrangements for taking photographs M.O.7 series, the negatives being.M.O.8 series, prepared observation mahazar Ex.P-11, seized M.Os.2 to 6 from the scene of occurrence under mahazar Ex.P-12 in the presence of P.W.8. THEn he returned to Nambiyur Police Station with the accused. THEn P.W.9 proceeded to Government Hospital, Gobichettipalayam and held inquest on the dead body, prepared inquest report Ex.P-14, examined the witnesses and sent the dead body for post-mortem through constable along with request Ex.P-6. P.W.6 doctor conducted post-mortem on the dead body of Ramakkal and found the following injuries. (i) An incised edged wound on the left join 5 cm ? 3 cm ? abdominal cavity opened. Intestines, protruding out upper left ilium bone found chopped off for 5 cms distance Horizontally placed. (ii) Incised wound (R) Temple obliquely placed 3 cm ? 1 cm bone deep with fracture of frontal bone. (iii) 5 cm ? 1 cm ? 1 cm coronally placed incised wound (R) parietal region extending upto mid line. (iv) 5 ?.1 ? 1 cm incised wound oblique direction on the head 2 cm behind wound No.3. (v) Segittally (antoro posterior) placed incised wound 3 cm ? 1 cm ? 1 cm over (R) Parietal region 1 cm lateral to wound No.4, (vi) Incised wound on the upper part of back of neck horizontally placed 4 ? 1 cm ? 1 cm. (vii) Incised edged wound over (R) shoulder back 5 cm ? 1 cm ? 5 cm deep. He has issued the post-mortem certificate Ex.P-7, After the post-mortem, constable 1081 seized M.Os.9 to 11 from the dead body of Ramakkal and handed over to P.W.9. P.W.9 sent the accused for remand to the Magistrate. He gave requisition Ex.P-15 for sending M.Os. for chemical analysis. Ex.P-16 is the chemical analysis report and Ex.P-17 is the serilogical report. After completing the investigation, P.W.9 laid charge sheet against the accused under Sec.302. I.P.C. THE accused was examined and on the evidence under Sec.313, Crl.P.C. and she denied the offence.

(3.) COUNSEL for the appellant further submitted that the evidence of P.Ws.1 to 3 are mutually contradictory and not corroborative.