KARVENDAN Vs. STATE

JUDGEMENT

(1.) The sole accused before the trial Court, who is the appellant before us, was convicted under Sections 302 and 201 IPC, by judgment dated 16.02.2012 in S.C.No.43 of 2011 by the Mahila Court, Cuddalore and sentenced to undergo life imprisonment and pay a fine of Rs.1,000/-, in default, to undergo fifteen days Simple Imprisonment for the offence under Section 302 IPC and undergo one year Rigorous Imprisonment for the offence under Section 201 IPC.

(2.) It is the case of the prosecution that the deceased Shanthi, was married to Pazhanisamy (P.W.2) living in Vandiyar Iruppu Village of Kattumannarkoil Taluk. It is alleged that she developed illicit intimacy with the deceased who hailed from Elleri village of the same Taluk. She was frequently borrowing money from the accused. On the fateful day 20.08.2010, the deceased went to the house of her younger brother Mariappan (P.W.1) in Periyarnagar Village and boarded a bus at around 5.00 p.m. to go back to her village. It is alleged that the accused also boarded the same bus and together they alighted at Thirunaraiyur bus stop, from where they went together by cycle towards a Brick Kiln in forest area. After sex, a quarrel over money issues ensued between them, on account of which it is alleged that the accused beheaded her with an iron knife (M.O.13) and discarded the corpse in the nearby canal.

(3.) Since Shanthi did not return home, her husband Pazhanisamy (P.W.2) started looking out for her and alerted her brother Mariappan (P.W.1). The family members searched for her and ultimately P.W.1 lodged a complaint (Ex.P1) on 22.08.2010, which was registered as "woman missing" in Kumaratchi Police Station Cr.No.157 of 2010 by Babu, the Sub Inspector of Police (P.W.15), who made the FIR (Ex.P19), which was received by the Jurisdictional Magistrate at 12.05 hrs on 25.08.2010. While so, Munusamy (P.W.6) - a Forest Guard, observed a foul smell emanating from the canal area en route Sarvarajanpet forest area at around 1.00 p.m. on 27.08.2010. When he probed into it, he found a headless body in the canal. He sent word to the nearby village, pursuant to which Anusiya (P.W.3) the Village Administrative Officer, in-charge of the Sarvarajanpet village came to the scene along with other villagers. They also found the severed head in the water. P.W.3 appears to have made enquiries with the villagers as to the identity of the body and at that time, Manjula (P.W.7) the daughter of the deceased, appears to have identified the body as that of her mothers on seeing the ear rings, nose ring and anklets on the body. After making this preliminary enquiry, P.W.3 gave a report (Ex.P2) on 27.08.2010 to the Inspector of Police, Kumaratchi Police Station, based on which the Sub Inspector of Police (P.W.15) converted the "woman missing" case in Cr.No.157 of 2010 as one under Section 302 IPC and despatched the same to the Jurisdictional Magistrate on the same day. Subramani (P.W.16) the Inspector of Annamalai Nagar Police Station, who was in additional in-charge of Kumaratchi Police Station, took up the investigation of the case and went to the place where body was found at 16.00 hrs and prepared a Rough Sketch (Ex.P21). He seized the gold ornaments under the cover of Mahazar (Ex.P10) and conducted inquest over the body (Ex.P22) in the presence of the witnesses. He despatched the body to the Government Hospital, Chidambaram for post-mortem, where Dr.Saravanakumar (P.W.14) performed the autopsy and issued a post-mortem certificate (Ex.P18). In his opinion, he has stated that: