S.NAGAMUTHU,J. - (1.) THE appellant is the sole accused in S.C.No.261 of 2009 on the file of the learned Principal Sessions Judge, Thoothukudi. By judgment dated 8.8.2011, the learned Principal Sessions Judge convicted the appellant under Sections 302 and 201 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for 6 months for the offence under Section 302 IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default, to undergo rigorous imprisonment for 3 months for the offence under Section 201 IPC. Challenging the said conviction and sentences, the appellant is before this Court with this appeal.
(2.) THE case of the prosecution in brief is as follows:- (i) The deceased in this case was one Athiananthammal. She was the wife of the accused. After the marriage, the accused and the deceased were living happily, initially, for 3 years. Thereafter, frequent quarrels occurred between the accused and his father. Therefore, he took the deceased and started residing at Thittankulam Village in a rented house. The accused and the deceased were then working in two different match factories. During that time, the deceased developed illicit intimacy with one Murugan. The deceased along with Murugan used to roam around joyfully to various places. The conduct of the deceased, thus, became worse. This came to the knowledge of most of the villagers including the accused. Since the accused was not able to contain the deceased, he took her to her parental home and left her there itself. This was objected to by the brothers of the deceased. They insisted that the accused should take back the deceased and live with her. But, the accused left for Kerala leaving behind the deceased at the house of her parents. Thereafter, one month prior to the occurrence, the accused came to his village and took back his wife to his house at Jakkammapuram. Again, he went to Kerala. On 26.7.2008, he returned to his house from Kerala. He was waiting for the chance to do away with the deceased. On 30.7.2008, at 4.30 p.m., the deceased was sitting just in front of her house. Due to the above motive, it is alleged that the accused attacked the deceased with aruval indiscriminately. The deceased succumbed to the injuries instantaneously. Then, with a view to screen the offence, the accused poured kerosene on the body of the deceased and set it on fire. But the body was not fully burnt. With a view to further screen the offence, the accused attempted to burry the half burnt body. In that attempt also, he could only partically succeed. Then, he proceeded to the office of PW.1, who was the then Village Administrative Officer of Sangampatti Village. (ii) At 6.30 p.m., on 30.7.2008, the accused gave a voluntary confession to PW.1. PW.1 reduced the same into writing and obtained the signature of the accused. Ex.P1 is the said confession. Then, he prepared a report under Ex.P2. At 9.30 p.m.,. he took the accused to the Police Station and presented Exs.P1 and P2 to PW.17. (iii) PW.17, then Sub Inspector of Police, attached to Tharuvaikulam Police Station, on receipt of the above, registered a case in Crime No.118 of 2008 under Section 302 IPC. Ex.P20 is the FIR. Then, he forwarded Exs.P1, P2 and P20 to the Court through PW.16. (iv) PW.16 was the then Grade I Constable attached to Tharuvaikulam Police Station. He received the cover containing Exs.P1, P2 and P20 at 11.00 p.m. on 30.07.2008. Since there was no bus facility to go to Vilathikulam immediately, he waited till 4.00 a.m. for the first bus to go to Vilathikulam. Accordingly, when he reached Vilathikulam, he found that the learned Judicial Magistrate was on leave and the learned Judicial Magistrate at Kovilpatti was incharge. Therefore, from Vilathikulam, he proceeded to Kovilpatti and handedover the above documents to the learned Judicial Magistrate at 10.00 a.m., on 31.7.2008. (v) PW.18 took up the case for investigation. At 11.30 p.m., on 30.07.2008, he proceeded to the place of occurrence. In the presence of PW.1 and another witness, he prepared an Observation Mahazar and a Rough Sketch and then, he recovered a plastic can, which was found near the dead body. On returning to the Police Station, he recovered the dress materials on the accused. At that time, the accused again gave a voluntary confession to PW.18 in which he disclosed the place where he had hidden the aruval. Accordingly, he took the police and the witnesses to the said place and took out the aruval and procuced the same from the hide out. It was recovered by PW.18 on 31.7.2008. PW.18 gave a request to the Revenue Divisional Officer to exhume the body. On 31.07.2008, at 4.00 p.m., PW.15, the then Revenue Divisional Officer exhumed the body. PW.15 conducted inquest on the body of the deceased and submitted Ex.P18 report. Then, the body was sent for post-mortem. (vi) PW.12, Doctor Manoharan, conducted autopsy on the body of the deceased, during which, he found the following injuries:- (1) An oblique grapping heavy cut injury of size 19 cms x 3 cms x brain deep seen over the left side of head extends from the left side of forehead to the occipital region of scalp. It cuts the underlying muscles, vessels, nerves and left temporal bone. (2) An Oblique gapping heavy cut injury of size 20 cms x 2cms x oral cavity deep seen over the left side of face extends from the left cheek to the occipital region of scalp. It cuts the left ear, underlying muscles, vessels, nerves and the maxilla. (3) An oblique gapping heavy cut injury of size 16 cms x 2 cms x oral cavity deep seen 1 cm below and parallel to the injury No.2. It cuts the underlying muscles, vessels, nerves, masilla and the lower jaw bone. (4) An oblique gapping heavy cut injury of size 15cms x 3cms x brain deep seen at the nape of neck. (5) An oblique gapping heavy cut injury of size 6cms x 2cms x bone deep seen at the back of right shoulder. (6) All the fingers except the little finger of right hand found severed at their roots. The cut end anatomically matches each other and the margins are clean cut. (7) Left forearm found severed from the left arm. The cut ends anatomically match each other and the margins are clean cut. (8) Head found almost decapitated from the trunk and hanging with a skin flap. On dissection of Scalp, skull and dura: The layers of brain torn in the occipital region and two cut injuries noted in the occipital lobe of brain. Ex.P11 is the Post-Mortem Certificate. He had preserved viscera for examination and forwarded the same for chemical analysis. Ex.P12 is the report which reveals that there was no poison detected in the visceral organs. Ex.P13 is the final opinion offered by PW.12 wherein he has opined that the deceased would appear to have died of shock and haemorrhage due to heavy cut injuries over the head and neck and the death would have occurred 18 to 36 hours prior to autopsy. Continuing the investigation, PW.18 examined Doctor and collected medical records and examined a few more witnesses. Finally, he laid a final report against the accused. Based on the above materials, the trial Court framed charges under Sections 302 and 201 IPC. The accused pleaded innocence and therefore, he was put on trial. On the side of the prosecution, as many as 18 witnesses were examined and 24 documents were marked besides 11 Material Objects.
(3.) OUT of the above witnesses, PW.5, PW.6, PW.7, PW.9 and PW.10 have turned hostile. PW.1 has vividly spoken to about the extra judicial confession given to him by the accused. PW.2 is the brother of the deceased; PW.3 is the wife of PW.2 and PW.4 is the father of the deceased. They have spoken to about the motive.;