Document Fragment View

Matching Fragments

The sole accused in a case of murder, wherein he though not found guilty under Sec.302 of I.P.C. was found guilty under Sec.304(ii) of I.P.C. and sentenced to undergo 5 years R.I. has brought forth this appeal.

2. The necessary facts for the disposal of this appeal are as follows:

(a) The appellant/accused was the husband of the deceased Chellammal.

Their marriage took place before 12 years, and they had two children. While so, the appellant wanted to marry another girl, which resulted in frequent quarrels between them. On 14.4.1993 at about 9.00 P.M. both of them went to a drama. At about 12.00 hours, the deceased was found missing. The accused came in search of her to the house and found the doors locked. He got entry into the house by jumping the compound wall and saw the deceased sharing the bed with another. Immediately he took M.O.1 grinding stone and threw on her head. Then, he took M.O.7 rope, put around her neck, strangulated her and caused instantaneous death. In order to show it as if she committed suicide, he tied the rope on the roof of the house. On 15.4.1993 at 8.00 A. M., when P.W.1 Kadavul, Village Administrative Officer, was in his Office, the appellant/accused made extra judicial confession. The same was recorded by P.W.1. The said extra judicial confession is marked as Ex.P1. P.W.1 took the accused along with Ex.P1 statement of the accused and Ex.P2 complaint and produced before P.W.6 Deivanayagam, Sub Inspector of Police, Mohanur Police Station. On the strength of Exs.P1 and P2, P.W.6 registered a case in Crime No.195/93 under Sec.302 of I.P.C. Ex.P19 printed F.I.R. was prepared and sent to the concerned Judicial Magistrate's Court. M.P.16 banian worn by the accused was recovered under mahazar. On receipt of the copy of the F.I.R., P. W.9 Philips Thomas, Inspector of Police, Paramathi Circle, took up the investigation, proceeded to the site of occurrence, made an inspection of the place and prepared Ex.P3 observation mahazar in front of P.W.1 and other witness and also Ex.P15 rough sketch. Photographs were also taken. P.W.9 Investigating Officer conducted inquest on the dead body of Chellammal in the presence of panchayatars and witnesses and prepared Ex.P16 inquest report. He examined the witnesses and recorded their statements.

(c) P.W.5 Head Constable recovered M.Os.10 to 15 dresses and jewels of the deceased and M.O.7 rope from the body of the deceased and handed over the same to P.W.9 Investigating Officer. The Investigating Officer recovered M.O.1 grinding stone, M.O.2 bloodstained earth, M.O.3 sample earth, M.O.4 bloodstained cot, M.O.5 a pair of cheppals and M.O.6 studs under Ex.P7 mahazar in front of P.W.1 and other witnesses. The accused was sent to the Court for judicial custody. A requisition was given to the Court to record Sec.164 Statement of the accused. P.W.10 Chinnappan, Inspector of Police, who succeeded P.W.9 to the Office of the Paramathi Police Station made the further investigation. He examined the other witnesses and recorded their statements. He also examined P.W.4, the postmortem Doctor and recorded his statement. A requisition was forwarded to the Judicial Magistrate's Court concerned for sending the material objects for chemical analysis. Accordingly, they were sent for chemical analysis. P.W.11 Sundaresan, Inspector of Police, Mohanur Police Station took up the further investigation in the case and examined P.W.4. The Chemical Analyst's report under Ex.P12 and the Serologist's report under Ex.P13 were also received by the said Court. On completion of the investigation, P.W.11 filed the charge sheet against the accused under Sec.302 of I.P.C.