JAYABALAN Vs. U T OF PONDICHERRY

JUDGEMENT

(1.) In the present appeal, the appellant has challenged the legality of the judgment and order dated 04.09.2002 passed by the Madras High Court. The appellant is aggrieved by the aforesaid judgment and order as by the said judgment the High Court reversed the order of acquittal passed by the trial Court and convicted the present appellant under Section 302 of the Indian Penal Code (in short "the IPC") and sentenced him to undergo imprisonment for life.

(2.) The appellant - Jayabalan and the deceased - Vasanthi, got married on 05.09.1988 and out of the aforesaid wedlock, two children were born. The couple was living just opposite to the house of the deceased's parents, the two houses i.e. of the appellant and that of the deceased's parents being separated by a 20 feet wide road. The deceased, at the time of her death, was employed as a nurse in the T. B. Hospital, Pondicherry and the appellant was employed as a teacher in Alankuppam Government School, Pondicherry. The relationship between the appellant and the deceased was stated to be strained. The appellant used to collect the salary of the deceased and also used to be very strict in allowing the deceased to spend her money. The appellant was also in the habit of suspecting the fidelity of the deceased whenever she would talk to a male person. On account of this, there used to be frequent quarrels between the couple. In July 1992, about two months prior to the date of the incident, the deceased is said to have complained to her parents that she apprehended threat to her life from the appellant. Just fifteen days prior to the date of the incident, there was a quarrel between the couple in connection with the ear piercing ceremony of their children. It has been alleged that while the appellant wanted to spend lavishly and celebrate the ear piercing ceremony along with the ear piercing ceremony of his brother's children, the deceased did not agree to it, and on the contrary wanted the function to be as simple as possible without incurring much expenditure. The ear piercing ceremony was fixed for 01.06.1992.

(3.) On the fateful day of 29.05.1992, the deceased went to her parental house in the morning with her children and took her breakfast there and thereafter she came back to her own house leaving behind her child in her parental house. At about 9.10 a.m., when the baby started crying, the younger sister of the deceased, Chitra (PW-3) took the child and went to the house of the appellant and she left the child there after informing about the same to the deceased. At about 9.25 a.m., the brother of the deceased, Ravi Kumar (PW-1) and also the sisters (PW-3 and PW-4) of the deceased heard the screams of the deceased. On hearing the said screams they immediately went to the house of the appellant and found the appellant jumping and coming out from the bathroom without any clothes on him. The appellant having suffered burn injuries on his body requested PW-1 to call for an auto rickshaw. PW-1 took the baby and handed him over to PW-3 and requested their neighbor Narayanan (PW-5) to fetch an auto rickshaw and when the auto rickshaw arrived, the appellant got into it along with one Illango (PW-6), who was asked to accompany the appellant to the hospital. The appellant along with PW-6 then proceeded to the Jawaharlal Nehru Institute of Medical Education and Research, Pondicherry where the appellant was attended to at 9.45 a.m. for the burn injuries sustained by him.