CHINNASAMY A CHINNAPAIYAN Vs. STATE

JUDGEMENT

(1.) CHINNASAMY alias Chinnapaiyan, the appellant herein was charged for the offence under Section 302 IPC for having committed the murder of one Mahaboobi on 8. 5. 1991 at about 8 p. m. On the basis of the evidence adduced by the prosecution, the trial Court convicted the appellant/accused and sentenced him to undergo life imprisonment. Hence, this appeal.

(2.) SHORT facts relevant for the disposal of this appeal could be summarised as follows: (a) Chinnasamy alias Chinnapaiyan, the appellant herein is the younger brother of one Nagammal. P. W. 1 Pachiyappan married the said nagammal 12 years ago. Out of their wedlock, three children, two female and one male, were born. (b) In course of time, P. W. 1 Pachiyappan had developed illicit intimacy with one Mahaboobi. Mahaboobi already got married. In view of the illicit intimacy, her husband divorced her. Thereafter, their illicit intimacy continued. This was objected to by Nagammal. Due to this, there were frequent quarrels between P. W. 1 and his wife Nagammal. Some months later, nagammal died in a suspicious circumstance. Due to that, a case was registered against P. W. 1 on the complaint given by the accused, the brother of Nagammal. The trial went on in respect of the said charge. Ultimately, P. W. 1 was acquitted. (c) Then, P. W. 1 Pachiyappan married Mahaboobi and out of fear at the hands of the accused, both P. W. 1 and the deceased Mahaboobi left the village and settled at Krishnagiri. Out of the said three children born to p. W. 1 through Nagammal, two female children were sent to asylum and one male child was brought up by both P. W. 1 and the deceased Mahaboobi. (d) The accused received a news that the children were not looked after. The accused had also a feeling that only at the instance of mahaboobi, who had illicit intimacy with P. W. 1, P. W. 1 committed the murder of his sister Nagammal. (e) One week prior to the date of occurrence, P. W. 1 pachiyappan with his second wife Mahaboobi, in order to attend the puberty function of his first daughter Selvi, left for Krishnagiri from their native place. When the accused heard the news that Mahaboobi also came along with p. W. 1 Pachiyappan and they were staying at the house of their relatives, the accused came there at about 8 p. m. (f) At that time, P. Ws. 1 to 5 were staying there. The deceased also was sitting in the pial opposite to the house of P. W. 1's brother. The accused removed the billhook (M. O. 8) from his waist and caught hold of the tuft of the deceased with his left hand and gave indiscriminate cuts on the neck and other parts of the body. Thereafter, he threatened the witnesses and ran away. The deceased died on the spot. (g) P. W. 1 Pachiyappan, having seen the ghastly occurrence, rushed to the Poochamballi Police Station and gave a complaint at 10 p. m. P. W. 14 Sub-Inspector of Police registered the same in Crime No. 230 of 1991 for the offence under Section 302 IPC. Ex. P-36 is the F. I. R. Message was sent to the Court as well as to the Police officials. (h) P. W. 17 Inspector of Police received the F. I. R. and then took up investigation. He went to the scene of occurrence at about 11. 45 p. m. and on the next day, i. e. on 9. 5. 1991, he prepared observation mahazar and rough sketch and also conducted inquest over the body of the deceased between 7. 00 a. m. and 11 a. m. and examined the witnesses, namely P. Ws. 1 to 6. P. W. 17 inspector of Police recovered bloodstained earth, sample earth, bloodstained straw-mat, bangles, chappal etc. from the scene of occurrence. (i) In the meantime, the accused went to his father-in-law's house at Dadampatti Kollaikottair and buried the weapon (M. O. 8 billhook) and then went to P. W. 7 Village Administrative Office on 9. 5. 1991 at 6. 30 a. m. and gave extra-judicial confession to him. P. W. 7 V. A. O. recorded the same in the presence of P. W. 9 Krishnamurthy who happened to be there. Ex. P-23 is the extra-judicial confession. (j) Thereafter, P. W. 7 V. A. O. took the accused to the police Station, accompanied by P. W. 9 and produced the accused before P. W. 15 sub-Inspector of Police. P. W. 15 arrested the accused, obtained his confession and recovered M. O. 6 bloodstained earth and M. O. 7 lungi from him. (k) In pursuance of the confession, P. W. 15 Sub-Inspector of Police went to the father-in-law's house of the accused and recovered M. O. 8 billhook as was pointed out by the accused. In the meantime, P. W. 17 arranged for sending the body for post-mortem. (l) On 9. 5. 1991 at 2 p. m. , P. W. 12 Doctor conducted post-mortem on the body of the deceased and found as many as 10 injuries and gave an opinion in Ex. P-34 post-mortem certificate that the deceased would appear to have died of shock and haemorrhage due to multiple injuries sustained on big vessels, nerves and spinal cord. (m) Then, P. W. 17 Inspector of Police, came to the Police station, examined the accused and produced him for judicial remand. P. W. 17 inspector of Police continued the investigation by examining other witnesses. The material objects were sent for chemical analysis. (n) P. W. 17 Inspector of Police also sent a requisition to the Chief Judicial Magistrate for recording the statement of P. Ws. 1 to 5, who are stated to be the eye-witnesses. Accordingly, P. W. 11 Judicial Magistrate recorded their statements under Section 164 Cr. P. C. The said statements are exs. P-20, 29 to 32. (o) After completion of the investigation, P. W. 17 inspector of Police filed the charge sheet against the accused for the offence under Section 302 IPC.

(3.) IN reply to the above submissions, learned Additional public Prosecutor, in justification of the grounds for conviction, would contend that the available materials are sufficient to base the conviction.