- (1.) The Appellant herein is the accused in S.C. No. 61 of 2002 on the file of the Principal Sessions Judge, Ramanathapuram and he stands convicted for an offence under Section 302 I.P.C and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 10,000/-, in default to pay the fine amount shall undergo further six months rigorous imprisonment. Challenging the conviction and sentence, the Appellant has preferred this Criminal Appeal.
(2.) The case of the prosecution, in brief, is as follows: The deceased -Arumugam is the daughter of P.W.1 -Sonai. She married one Muniyandi and begotten two children. Subsequently, Muniyandi had eloped with one lady. The deceased returned to the house of P.W.1 and she was residing there. At that time, the accused Kumaresan promised to marry and took her to Madurai from Voorakudi. They were living as husband and wife. The deceased gave birth to a male child. Thereafter, the accused left the deceased at Madurai and returned to his home village. The deceased came to Voorakudi and compelled the accused to live with her. The accused refused to join her and said that he would live peacefully only after murdering her. On the date of occurrence viz., on 20.10.2001 at about 10.00 a.m the accused pushed down the deceased and kicked on her stomach. The persons who were assembled there prevented the accused from attacking her further. P.W.1 took the deceased from the place of occurrence to a nearby school. Since the deceased was shouting due to pain, she was taken to Government Hospital, Paramakudi. P.W.6 -Dr. Ramdoss attended to the deceased. At that time, the deceased was conscious and she informed the Doctor that she was assaulted with leg by known person. The Doctor noticed Abdomen distended present. Ex.P.3 is the Accident Register. The Doctor sent her for further treatment to Government Hospital, Ramanathapuram. On 20.10.2001 at about 10.00 p.m., the deceased was brought to the Government Hospital, Ramanathapuram. P.W.7 -Dr. Abdul Kudha admitted her as in-patient in the hospital and gave treatment. She died on 23.10.2001 at 04.30 p.m.
(3.) P.W.14 -Sub Inspector of Police, Taluk Police Station, Paramakudi, on receipt of the death intimation from the hospital under Ex.P.6, went to the Government Hospital, Ramanathapuram. As the relatives of the deceased were not available in the hospital, P.W.14 went to Voorakudi village on 24.10.2001 at about 00.30 hrs and enquired P.W.1. He obtained Ex.P.1 -Complaint from him. He returned to the police station and on the basis of the complaint registered a case in Crime No. 179 of 2001 for an offence under Section 302 I.P.C. Ex.P.7 is the printed F.I.R. He forwarded the same to the Court and higher officials. P.W.15 -Inspector of police on receipt of the copy of the F.I.R, went to the hospital on 24.10.2001 at 07.00 a.m. He held Inquest on the body of the deceased at 08.00 a.m. in the presence of panchayatars. Ex.P.8 is the Inquest Report. He examined the witnesses and recorded their statements. P.W.15 sent the body of the deceased through a Head Constable for conducting autopsy along with a requisition Ex.P.4. P.W.8 -Dr. Gopi on receipt of the requisition, conducted autopsy on the body of the deceased on 24.10.2001 at 12.15 p.m. He noticed that there was no external injuries. On internal examination he found the following injury: Abdomen: Opened and was found to be fully smeared with fancies over the momentum and the whole of the abdomen. All the bowel loops were distended. There was perforation over sigmoid colon of about 2 cm and fancies coming through it. Opining that the deceased would appear to have died of facial peritoneal, the Doctor issued Post Mortem Certificate -Ex.P.5.;