R. Subbiah, J. - (1.) The appellant is the sole accused in S.C. No. 171 of 2014 on the file of I Additional District and Sessions Judge, Thanjavur. He stood charged for the offence punishable under Section 302 of IPC. After conclusion of trial, the trial Court, by the judgment dated 27.08.2015 convicted the accused for the offence under Section 302 of IPC and sentenced him to undergo imprisonment for life with fine of Rs. 10,000/-, in default, to undergo imprisonment for a period of one year. Challenging the said judgment, the present appeal is filed by the accused/appellant.
(2.) The case of the prosecution could succinctly be narrated as follows:- (i) The accused Palaneeswaran and the deceased Seethaladevi are husband and wife and their marriage was solemnised eight years prior to the date of occurrence. Due to the wedlock, a son was born to them and he was 7 years old at the time of occurrence. The appellant was working as Professor in Adaikala Madha College, Vallam, Mannarkudi. The deceased was working as Physical Education Trainer in Vandiyur Iruppu Government Higher Secondary School. For about 7 months prior to the date of occurrence, the appellant did not go to his work and was sitting idle in the house. The accused was also quarelling with the deceased very often by suspecting her fidelity and subjected her to matrimonial cruelty. The deceased therefore complained to her family members about the manner in which she was cruelly treated by the accused. Even a day prior to the date of occurrence, the appellant picked up a quarrel with the deceased. While so, on 11.06.2013 at about 08.15 am the deceased was getting ready in her bed room to go to her work. At that time, the deceased requested the appellant to drop her in the school as he was idle in the home. Enraged by the same, the accused brought a bill hook from the kitchen with an intention to murder the deceased, locked the bedroom from inside and started cutting the deceased indiscriminately on her neck, right chest, right forearm, right wrist, left hand, left shoulder and other vital parts of the body and the deceased fell down in a pool of blood. (ii) At the time of occurrence, the father of the accused/appellant (PW 3) went to board his grand son in the school van and when he returned home, he saw around 15 persons gathered in front of the house. PW 3 was informed that his daughter-in-law died, hence, he peeped from the window of the bedroom and saw the appellant/accused sitting in the cot. Immediately, PW -3 informed PW 1, Paternal uncle of the deceased about the incident over phone who in turn informed the same to the father of the deceased/PW-5. Immediately, PW 5/father, PW 6/mother of the deceased and PW 1 rushed to the place of occurrence and saw the deceased lying in a pool of blood. At about 10.45 am, PW 1, uncle of the deceased gave a complaint to PW 15, Sub-Inspector of Police. Based on such complaint, PW -15 registered a case in Crime No. 419 of 2013 for the offence punishable under Section 302 of IPC. Ex.P-9 is the First Information Report, which was forwarded by PW -15 to the Court of Judicial Magistrate No. 1, Thanjavur and copies were forwarded to the higher officials. On receipt of a copy of Ex.P9, PW 16, Inspector of Police went to the place of occurrence, where he drew a rough sketch, Ex.P-10 in the presence of witnesses Vadivel (PW 9) and Sathish. In the presence of the same witnesses, he also drew an observation Mahazar, Ex.P-5. Thereafter, PW 16 collected blood stained cement block (MO7) and sample cement block (MO8) from the scene of occurrence and sent it to the concerned Court under Form No. 95. Then, PW 16 recorded the statement of witnesses Balasubramaniam (PW 1), Mohan (PW 5), Sivasankaran (PW 7), Ramalingam, Sathish, Vadivelu (PW 9), Manilal Gandhi (PW 3), Arasu (PW 4) and Senthilvelan. PW 16 thereafter sent the dead body of the deceased to the Government Hospital, Thanjavur through Gnanavel, Special Sub-Inspector of Police, PW 11, with a requisition letter to conduct postmortem on the dead body of the deceased. Accordingly, PW 13, the Doctor attached to Thanjavur Government Medical Hospital conducted postmortem and issued postmortem report, Ex.P6 wherein it was opined as follows:- The Following Ante Mortem Injuries were noted: 1. A oblique gaping heavy cut injury of size 9 x 2 x Bone deep seen over left temporal, parietal region. It lies 3cm from behind left ear. 2. An oblique gaping heavy cut injury of size 9 x 5 x 4cm seen over middle of neck. It lies 7cm below to chin, 8 cm above from supra sternal notch. It cut U/L Muscle, Vessels, Nerves, Trachea and Esophagus. 3.An oblique gaping heavy cut injury of size 4 x 1 x 3cm seen over right side of middle of neck. It lies 1cm below injury No. (2) It cut U/L Muscles, Vessels, Nerves. 4. A horizontal gaping heavy cut injury of size 7 x 1 x 2 cm seen over lower part of right side of neck. It cut U/L Muscles, Vessels, Nerves. It lies 1cm injury No (3). 5. An oblique gaping heavy cut injury size 18 x 3 x 4cm seen over lower part of right side and back of neck. It lies 13cm below from occipital protuberance and 1cm below no injury No. (4). It cut U/L Muscles, Vessels, Nerves, cervical vertebra No. (4) underlying spinal cord. 6. An oblique gaping heavy cut injury of size 5 x 2 x 3 cm seen over upper part of right side of chest. It lies 4cm below injury No. (4) 7. An oblique heavy cut injury of size 2 x 1 x 1cm seen over top of right shoulder. It lies 8cm outer to injury No. (6) 8. An oblique heavy cut injury of size 1 x 1 x 0.5 cm seen over top of right shoulder. It lies 1cm outer to injury No. (7). 9. an oblique gaping heavy cut injury of size 6 x 3 x Bone deep seen over outer aspect of upper part of right arm. It lies 11cm below injury No. (8). It U/L soft tissue, vessels, nerves and bone. 10. An oblique gaping heavy cut injury of size 3 x 2 x 1 cm seen over upper part of right arm. It lies 3cm below to injury No. (9). 11. An oblique gaping heavy cut injury of size 11 x 4 cm x Bone deep seen over right wrist and hand. It cuts U/L Muscles, Vessels, Tendon, Nerves, radius bone. It lies 20cm below right elbow. 12. An oblique gaping heavy cut injury of size 7 x 2 x 5 cm seen over middle of outer aspect of left arm. It lies 19cm below left shoulder and 10cm above left elbow. 13. An oblique gaping heavy cut injury of size 6 x 8 x 3 cm seen over left shoulder blade. It lies 9cm belwo to left shoulder. 14. An oblique gaping heavy cut injury of size 4 x 2 x 2 cm seen over back of right side of chest. 15. An oblique cut injury of size 3x2x0.5cm seen over left jaw. 16. Abrasion of size 4x3cm seen over lower part of right side of neck. Other Findings: Heart: normal coronary vessels patent. Lungs, Liver, Spleen and Kidneys normal, c/s pale. Hyoid bone:Intact. Stomach:contains 30ml of ligght brown colour flud. NSS, mucosa - pale. Small Intestine:Contains 20ml of bile stained fluid. NSS mucosa pale. Bladder: contains 10ml of urine. Uterus:Normal c/s copper 'T' in situ. Pelvis:Intact. Brain:Normal c/s pale. Spinal column:Intact. (iii) During the course of investigation, on 12.06.2013, based on a tip-off, PW 16 arrested the accused near a bridge at Pattukottai at about 7.00 am in the presence of PW 10. On such arrest, the accused gave a voluntary confession statement which was recorded in the presence of PW 10. PW 16 thereafter sent the accused/appellant for remand. In the course of investigation, PW 16 also recorded the statement of PW 13, Doctor who conducted the Postmortem. PW 16 also collected the personal belongings worn by the deceased at the time of her death such as ear stud, finger ring, silver anklet (MO6 series), blood stained saree (MO2) etc., and sent them to the Court by preparing Form No. 95. He also recorded the statement of Gnanavel, Special Sub-Inspector of Police, PW 11 as well as PW 14, Scientific Officer attached to Forensic Sciences Department, Thanjavur. After completion of investigation, PW 16 has filed the charge sheet against the accused on 12.08.2013.
(3.) Before the trial court, in order to prove the guilt of the accused/appellant, the prosecution has examined 16 witnesses as PW 1 to 16 and marked as many as 10 documents as Ex.P-1 to P-10 and also produced Mos 1 to 9., When the trial court questioned the accused under Section 313 of the Code of Criminal Procedure with respect to the incriminating materials made available against him, he denied the charges as false. In order to disprove the case of the prosecution, the accused examined three Doctors on his side as Dws 1 to 3 and marked Exs. D1 to D4 to contend that he was suffering from mental disorder called Paranoid Schizophrenia before and at the time of occurrence and therefore he was incapable of knowing what is right or contrary to law. Such a defence raised on behalf of the accused/appellant was rejected by the trial court by holding that the accused is not suffering from any mental imbalance or disorder as defended and thus convicted and sentenced him for the offence punishable under Section 302 of IPC.;