Decided on July 01,1970

In Re: Subramaniam alias Rangaswami Appellant


- (1.) Appellant Subramaniam alias Rangaswami has been convicted Under Section 302, Indian Penal Code, for the murder of his concubine Pavayee on the night of 27th August, 1969 in Parayan-kadu in the village of Ettikuttaipalayam, and sentenced to death subject to confirmation by this Court. He was also charged Under Section 404, Indian Penal Code, for haying misappropriated the gold saradu weighing about 3 sovereigns from the dead body of Pavayee, but he was acquitted of the said charge.
(2.) The deceased Pavayee was the third of seven daughters of P.W. 1 Komaragoundan. She was married to one Pachai Kozhi about 15 years prior to this case. But she lived with him only for a couple of months and then she returned to her parents' house. It is stated by P.W. 1 that his daughter Pavayee divorced her husband according to the caste custom by removing thali. Pavayee was eking out her livelihood by weaving carpets and she even purchased some jewels out of the earnings, and one such jewel is the gold saradu alleged to have been stolen in this case. During Karthikai 1968, she opened a tea stall in Modakurichanur village, north of Andhiyur. It is stated that the appellant, a widower with several children, became friendly with the deceased as he used to frequent the tea shop. There was loss in the business of the tea stall and it was closed down. P.W. 1 used to visit his daughter once in a fortnight or a month. In Adi prior to this occurrence, during one such visit, Pavayee is said to have told P.W. 1 that she was being cruelly treated by the appellant and that she would go over and live with him and that she would not return to the appellant. But P.W. 1 was asked not to divulge this fact to any one as she was afraid that the appellant would otherwise kil 1 her.P.W. 1 invited the appellant and the deceased Pavayee to attend the festival of Thambikalayaswami in Podhiamoopanur village which is near his village, and they both went to P.W. 1 's house about 8 days prior to the occurrence. On the evening prior to the occurrence, P.W. 1 gave money for purchase of mutton as Pavayee would not take fowl curry. The deceased Pavayee took mutton and wheat dosai and left the house at 10 p.m. in the company of her sisters P.W. 2 Ayyammal and P.W. 3 Parvathy, and the appellant, to attend the koothu in the temple festival. P.W. 1 did not accompany them. At about midnight the appellant returned with the deceased Pavayee to the house of P.W. 1 and asked P.W. 1 to accompany them again to attend the koothu at the festival. But P.W. 1 declined to do so. Though the deceased Pavayee was unwilling to return to the temple to attend the koothu, the appellant compelled and took her. On the next morning P.Ws. 2 and 3 returned home and on finding that Pavayee was not in the house, they questioned P.W. 1 and P.W. 1 became suspicious. P.W. 1 took the alternate cart track and found the dead body of the deceased Pavayee on the cart track within half a mile from the village. Except the gold saradu, the other jewels were in tact on the body of Pavayee. P.W. 2 removed the jewels and subsequently handed them over to the police. P.W. 1 went about searching for the village munsif and he ultimately found him at 10 a.m. and gave the complaint Exhibit P-1 in this case. The inquest was held that evening between 6 and 9 p.m. and P.Ws. 1 to 3 and others were examined at the inquest. The Inspector of Police searched for the appellant in his house on that day and the next day but he could not find him.
(3.) The evidence of P.W. 4 Dr. Chenna-krishnan, who conducted the postmortem on the body of the deceased Pavayee, discloses as many as 17 injuries. Injuries 3, 10 and 14 are stab injuries on the right breast, left scapula and right scapula, and in the opinion of the doctor each of the injuries is necessarily fatal. There can be no doubt that the deceased Pavayee was murdered either on the night of 27th August, 1969 or the early hours of 28th August, 1969.;

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