DHARUMIAH ALIAS DHARUMAIYAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused, who stands convicted for the offence under Section 302 IPC(2 counts) and sentenced to undergo life imprisonment for each count, which was ordered to run concurrently, by the judgment dated 31.3.2003 passed by the learned Principal Sessions Judge, Nagapattinam in S.C.No.48 of 2003. No fine amount was imposed taking into consideration the poverty of the appellant/accused as well his continuous confinement.

(2.) THE facts in brief are as follows: - It is a case of double murder. The accused is the husband of both the deceased. The accused and his wives are downtrodden and were living below the poverty line. Due to some misunderstanding, during the relevant point of time, the accused was not living with the deceased. When the accused wanted to dispose of his land, he approached the Village Administrative Officer, P.W.1 for Chitta. On knowing the motive of the accused, both the deceased approached P.W.1 and requested him not to give Chitta to the accused. As both the deceased had objected to the sale, the accused, on 21.8.2002, went to the house where both the deceased were living with an intention to murder them. He first inflicted indiscriminate cut injuries on his first wife/first deceased who was sleeping in the verandah and thereafter entered into the room and cut his second wife/second deceased indiscriminately on various parts of her body with the Axe, M.O.1. The above occurrence was witnessed by P.W.3, the daughter of the accused through his first wife and P.W.4, the son of the accused through his second wife. The occurrence had taken place at 2.00 p.m., on 21.8.2002. It was informed to the Village Administrative Officer, P.W.1 by the Village Assistant -P.W.2. Immediately P.W.1 went to the scene of occurrence and saw both the deceased lying dead.

(3.) P .W.12, the Inspector of Police attached to Vaimedu Police Station and in -charge of Kariyapattinam Police Station, took up investigation of the case on 21.8.2002 at 2.45 p.m., after the receipt of the First Information Report. He proceeded to the scene village at about 3.30 p.m., on the same day and prepared the Observation Mahazar, Ex.P -2 and also drew rough sketch, Ex.P -16 in the presence of P.W.5 and another witness. He recovered the bloodstained earth, M.O.5 and sample earth, M.O.6 found near the body of the first deceased and the bloodstained earth, M.O.7 and the sample earth, M.O.8 found near the body of the second deceased under the mahazar, Ex.P -4. He conducted inquest on the body of the first deceased between 5.30 p.m., and 7.00 p.m., in the presence of panchayatdars and witnesses and prepared the inquest report, Ex.P -17. He conducted inquest on the body of the second deceased between 7.15 p.m., and 8.45 p.m., in the presence of panchayatdars and witnesses and prepared the inquest report, Ex.P -18. He thereafter sent the bodies of the deceased to Vedaranyam Government Hospital through P.W.10, Head Constable along with the requisitions, Exs.P -8 and P -9 for conducting post -mortem. He examined P.Ws.3,4 and other witnesses and recorded their statements on the same day.