Mahali vs State of Tamil Nadu

A. Packiaraj, J.—The appellant has been convicted for an offence under Sec.302 I.P.C. and has been sentenced to undergo rigourous

imprisonment for life by the II Additional Sessions Judge, Coimbatore in S.C. No.164 of 1995. Aggrieved by the same the accused has preferred

this appeal.

The sum and substance of the prosecution charge levelled against the accused is that the accused, suspecting the fidelity of his wife Maral, had

murdered her on 18-6-1995 between 3.00 PM and 5.00 PM near a thorny bush on Vengamedu Thekkalur Mud Road and thereby committed an

offence punishable under Sec.302 I.P.C. To this charge, the accused pleaded not guilty. Hence the trial.

Briefly stated the prosecution case is as under:

The deceased Maral is the wife of the accused. Royan (P.W.5) is her father. They got married twelve years prior to the occurrence. Out of the

wedlock, three children were born to them. However, it seems that the marital relationship was not happy and the accused nurtured a suspicion

about the fidelity of his wife which resulted in the frequent quarrels between them and the wife would leave the matrimonial home to her father''s

house after such quarrel. About twenty days prior to the incident, the wife (deceased) came to her father''s house with her children obviously after

the quarrel with her husband and she was staying there. About eight days prior to the occurrence, the accused-husband and his friend one Palani

(P.W.6) went to the house of P.W.5 to take back his wife and children and on the assurance given by the accused-husband that he would not pick

up quarrel with his wife any more and that he would lead a peaceful matrimonial-life, P.W.5 allowed his daughter Maral and grandchildren to go

along with the accused and P.W.6 to Vengamedu Harijan Colony.

On the fateful day, i.e. on 18-6-1995, the accused and his wife had gone to the Thekkalur shandy to purchase the household articles. After the

purchase, they were returning to their house on a bicycle. While the accused was riding the bicycle, his wife was seated on the carrier. At about

4.00 PM, one Palani (P.W.2), who was also a resident of Vengamedu Harijan Colony, was returning to his house after finishing the work at

Vathiyar Gounder Farm. P.W.2 saw the accused and his wife proceeding towards east on the bicycle. They crossed P.W.2 and proceeded

towards east. P.W.5 after crossing some distance took left and proceeded on the footpath which leads to the Vengamedu Harijan Colony. Just at

the same time, one Palanisamy (P.W.3) of Goundampalayam Harijan Colony, who was working as Co-ordinator in the Literacy Camp,

Coimbatore District and who went to Vengamedu Harijan Colony in connection with literacy camp, was returning to Valayampalayam on his

bicycle to see some of his friends. He was proceeding from west to east on the Valayapalayam mud road. When he was nearing a thorny bush he

heard the scream of a lady, shouting in Telugu ""ve;j eunfhj;J ... ve;j eunfhj;J"" which means ""Don''t cut - Don''t cut"". When he rushed near the place

wherefrom the scream emanated, he saw the accused cutting his wife with a billhook. He too shouted in Telugu ""Don''t cut ... Don''t cut"". Hearing

the scream, P.W.2 also came near the scene and he too shouted not to cut the deceased. When P.W.2 and P.W.3 attempted to apprehend the

accused, he threatened them with dire consequences if they approach him. P.W.2 and P.W.3 stood aghast. The accused then completely severed

the head from the body of the deceased and threw the head away from the body. Seeing the ghastly murder, P.W.2 and P.W.3 went to their home

with shock and fear and did not choose to inform the police or to any one else in the village.

Balasubramaniam (P.W.1), who was the Village Administrative Officer at the relevant time, came to know about the presence of the body of

Maral lying on the mudpath through his Assistant one Palanisamy at about 5.30 PM on 18-6-1995 and immediately rushed to the scene of

occurrence and after seeing the head and trunk of the deceased, he went to the Avinashi Police Station and lodged a written-complaint (Ex.P-1).

Shanmugiah, Sub Inspector of Police, Avinashi Police Station (P.W.13), on receipt of report (Ex.P.1) from the Village Administrative Officer,

registered the same in Crime No.413 of 1995 for the offence punishable under Sec.302 I.P.C. and prepared the First Information Report (Ex.P-

17). He forwarded the complaint (Ex.P-1) and the First Information Report (Ex.P-17) to the court while the copies thereof were sent to his

superior officers. Navaneethakrishnan (P.W.14) was the Inspector of Police, Avinashi Police Station at the relevant time. He, on receipt of the

copy of Ex.P-1 and Ex.P-17, reached the scene of occurrence at about 8.00 P.M. on 18-6-1995 and prepared the observation mahazar (Ex.P-2)

in the presence of P.W.7 and drew the rough sketch (Ex.P-18) which were attested by P.W.7. He then conducted inquest over the head and

trunk of the deceased and also examined P.Ws 1 to 5 on the spot. Ex.P-19 and Ex.P-20 are the inquest reports relating to the head and trunk

respectively of the deceased. He sent the head and trunk of the deceased to the Tiruppur Government Hospital for post mortem.

Dr. Banumathi, Assistant Surgeon, Government Hospital, Tiruppur (P.W.9), on receipt of the requisition (Ex.P-8) from P.W.14, conducted

postmortem on the head of the deceased an found the following injuries:

(1) Irregular lacerated injury extending along the whole length of the lower border of the left side of mandible producing a gaping wound. 10 cm X

4 cm X 4 cm exposing the underlying muscles. Clotted blood seen;

(2) Lacerated injury involving the left ear tearing the pinna from the ear lobe.

(3) An incised wound seen behind the left ear 5 cm X 1/2 cm X bone deep;

(4) A triangular lacerated wound 2 cm X 1 cm in front of the left ear;

(5) Irregular transverse lacerated wound behind the left ear 6 cm X 2 cm X muscle deep;

(6) An elliptical lacerated wound along the lower aspect of right side of mandible extending from below right ear to middle of sub-mandibular

region. The base of the severed head contains lacerated muscle scattered blood clots lacerated blood vessels skin torn irregularly and skin and hair

pieces seen attached in the middle of the cut portion. The cut had gone through the cervical bone below the hyoid bone which was intact. The cut

cervical spine was seen jolting out of the base for 2"".

The posterior aspect of the cut had made a fair by clear semi circular incised wound from the right to the left ear across the neck through the lower

part of the hairline.

Ex.P-9 is the postmortem certificate issued by P.W.9. relating to the head of the deceased. P.W.9 also conducted postmortem on the trunk of the

deceased and found the following injuries:

(1) Body of a moderately nourished female without the head; the cut end at the region of the neck is seen as an irregular circular gaping wound at

the base of the neck denoting the area of severance muscles lacerated. Cut blood vessels and scattered clots seen. The cut cervical vertebra seen

and jolting out 2"";

(2) Irregular gaping wound over left shoulder 7 cm X 3 cm skin sliced off and attached laterally exposing the underlying muscle;

(3) Medial to and above the wound No.2 an irregular gaping wound over left supra scapular region 7 cm X 4 cm X 2 cm;

(4) Irregular wide gaping wound with skin sliced off and a semi circular fashion hanging loose 6 X 6 X 6 cm over right shoulder;

(5) A diamond shaped lacerated wound over outer aspect of middle of left upper arum 3 cm X 2 cm X muscle deep;

(6) A deep incised wound over middle of left palm starting from in between base of middle and ring finger and extending down to and below front

of left wrist joint;

(7) Lacerated wound chopped off the base of left thumb with fracture of underlying bone;

(8) Transverse incised wound 8 cm X 2 cm just below the cut end of the severed neck.

Ex.P.10 is the post-mortem certificate issued by P.W.9 relating to trunk portion of the deceased. In both these certificates, P.W.9 has opined that

the deceased appeared to have died of shock and haemorrhage due to injury to the vital blood vessels and fracture cervical spine following violent

severance of the head from the trunk 20 to 22 hours prior to the post-mortem.

In continuation of the investigation, P.W.14 arrested the accused at about 3.30 PM on 21-6-1995 in front of Pudur Sandhapettai. The accused

was said to have voluntarily gave a statement, the admissible portion thereof was marked as Ex.P-5. In pursuance of the confessional statement of

the accused, P.W.14 seized the billhook (M.O.12) under Ex.P-7 and the bloodstained-shirt (M.O.11) under Ex.P-6. P.W.14 then sent the

material objects seized from the place of occurrence and the other material objects discovered in pursuance of the confessional statement of the

accused to the court with a requisition for sending them for chemical analysis. P.W.14 after complying with all the formalities filed the charge-sheet

against the accused for the offence under Sec.302 I.P.C. Prosecution in order to bring home the guilt of the accused had examined P.Ws 1 to 14,

marked Ex.P.1 to Ex.P-20 and material objects M.O. 1 to M.O.22.

When questioned under Sec.313 of the Code of Criminal Procedure with reference to the incriminating circumstances found against him, the

accused abjured his guilt.

The learned Sessions Judge has accepted the evidence of the eye-witnesses, who were examined as P.W.2 and P.W.3. The Sessions Judge

also accepted the evidence of discovery and relying on the medical evidence gave a finding that the accused was guilty of the offence under

Sec.302 I.P.C. and sentenced him to undergo the rigorous imprisonment for life. It is this judgment which is in challenge before us. We have to see

whether the Sessions Judge was right in convicting the accused for the offence under Sec.302 and sentencing him to life imprisonment.

There can be no doubt that Maral, wife of the accused, had met a violent death, which was a homicide. That was not disputed by the defence.

The issue is whether the accused was the perpetrator of the crime as alleged by the prosecution.

It is the case of the prosecution that the accused caused the death of his wife by cutting her with a billhook and then completely severed the

head from her body. The motive for the murder, according to the prosecution, was that the accused suspected the fidelity of his wife and that there

used to be frequent quarrels between them. To establish the guilt of the accused, the prosecution heavily relied on the evidence of the eye-

witnesses, viz. P.W.2 and P.W.3, who have been cited as ""ocular witnesses"" and the evidence of P.W.5 who spoke about the estranged

relationship of accused and his wife. The prosecution also relied on the discovery of the material objects pursuant to the statement given by the

accused and the evidence tendered by the Doctor, who was examined as P.W.9.

P.W.5, who is none else than the father of the deceased Maral, in his evidence has clearly deposed that the marital relationship between the

accused and his daughter was not cordial and that the accused nurtured a suspicion about the fidelity of his daughter and that she was leading a

wayward life and on this account, there used to be frequent quarrels among the spouses and that the deceased used to leave the matrimonial home

after such quarrels and stay with him in his house. At this juncture we must say that there is no positive evidence in this case to suggest that the

deceased was having any illicit intimacy with any particular person. It is his further evidence that about 20 days prior to the occurrence, his

daughter (deceased) had taken shelter in his house with her children obviously after picking up quarrel with the accused and about 8 days prior to

the occurrence, the accused and P.W.6 came to his house to take back his daughter and children on the assurance that the accused would lead a

peaceful life with her. On this assurance, P.W.1 had sent his daughter and grandchildren along with the accused. The evidence of P.W.5 suggests

one thing in clear terms that the marital relationship between the accused and the deceased was estranged and that the accused suspected that his

wife was leading a wayward life. This piece of evidence of P.W.5 is corroborated by the evidence of the eye-witness P.W.2 who deposed that on

the date of occurrence at about 4.00 PM he saw the accused and the deceased going on a bicycle and that when they crossed him he heard the

quarrel between the accused and the deceased. Though P.W.5 had been cross-examined, nothing worth the name was brought on record to

discredit the evidence of P.W.5. Excepting a wild suggestion that there was no quarrel between the accused and the deceased, nothing has been

elicited from P.W.5 to show that he was deposing falsely against the accused. Therefore, the evidence of P.W.5, in our opinion, clearly establishes

the facts that the accused and the deceased were not on cordial terms; that the accused suspected the fidelity of his wife and that there used to be

frequent quarrels between the accused and the deceased.

Learned counsel assailed the evidence of P.W.2 and P.W.3 and persuaded this Court to disbelieve the evidence of P.W.2 and P.W.3 saying

that these witnesses are ""chance witnesses"". In other words, the contention of the learned counsel for the appellant is that these witnesses have no

reason to be present at the scene of occurrence which had enabled them to witness the alleged occurrence. P.W.2 in his evidence has stated that

on one Sunday he went to Vathiyar Gounder Farm to do farmwork and after finishing the work he was returning to his village at about 4.00 PM.

He further said that he saw the accused and the deceased going on a bicycle towards east to their village. The contention of the learned counsel is

that there is no positive evidence to suggest that P.W.2 had actually worked in the said farm. The same has not been challenged in the cross-

examination and, therefore, we have to believe his version that this witness had gone to the said farm for work. P.W.3, who was also cited as eye-

witness, stated in his evidence that he went near the scene of occurrence on hearing the scream of a lady and at that time P.W.2 also rushed along

with him to the spot to prevent the accused from cutting the deceased. The evidence of P.W-2 and P.W.3 corroborate the version of each other

that they present at the scene of occurrence. Therefore, it cannot be said that P.W.2 and P.W.3 are mere ""chance witnesses"" in the strict sense of

the term.

The learned counsel for the appellant then commented upon the conduct of these ocular witnesses in not reporting the incident to any one in the

village much less to the police. According to the learned counsel the conduct of these witnesses appears to be unnatural. There is no substance in

this argument. It has come in the evidence of both the witnesses that when they rushed to the spot and attempted to rescue the deceased Maral,

the accused threatened them with the billhook by saying that if they attempt to reach him they would meet the same fate of the deceased. Therefore

there is nothing surprising in P.W.2 and P.W.3, who are not related to the deceased in any way, retracing their steps. P.W.2 in his evidence has

stated that the accused first dealt a blow with the billhook on the deceased, which fell on her hands when she attempted to ward off the blow. The

accused then dealt another blow and the deceased then fell down. At that time, on seeing P.W.2 and P.W.3 approaching him, the accused

threatened them with aruval. After that, the accused completely severed the head from the body of the deceased and threw it at some distance

away from the trunk. Similar is the version of P.W.3. He has also stated in his evidence that he was present near the scene of occurrence along

with P.W.2. He further stated that the accused completely severed the head from the body of the deceased. P.W.3 further stated that P.W.2 fled

the scene of occurrence on seeing the gruesome murder and went to his village with shock and fear. P.W.2 in his cross-examination has stated that

he contracted fever on seeing the murder and that he had purchased some medicines from the nearby shop. In our opinion the conduct of P.W.2

and P.W.3 after the occurrence appears to be more natural in the circumstances of the case especially when they saw a gruesome murder in the

sense that the head was severed from the body of the deceased and after the severance, the accused threw the head to some distance away from

the body. Therefore, we are unable to agree the contention of the learned counsel for the appellant that the conduct of P.W.2 and P.W.3 was

unnatural and on that count, their evidence has to be disbelieved. The defence has not suggested anything to these witnesses as to why they were

deposing falsely against the accused.

The learned counsel then tried to argue that it is quite surprising that the police straight away went to the house of P.W.2 and enquired him

about the murder. Learned counsel raised a suspicion as to how the police could straight away enquire this witness about the murder without

having received any information that this witnesses has seen the occurrence. It has come in the evidence of P.W.3 in his cross-examination that at

about 6.00 AM on 19-6-1995, he again went to the scene of occurrence and there he narrated the entire incident to the police. He also informed

the police that P.W.2 was also present with him at the spot when the incident took place. It is based on this information that the police went to the

house of P.W.2 and enquired him. Even P.W.2 in his cross-examination stated that the police came to his house on the early hours of the next day

morning and when they enquired about the murder, he narrated the occurrence to the police. Therefore, in our opinion, there is nothing surprising in

it.

The learned counsel for the appellant made a faint attempt by suggesting that there are some contradictions between the evidence of P.W.2

and P.W.3. According to the learned counsel, it is the evidence of P.W.3 that when the accused cut the deceased, the deceased screamed in

Telugu ""ve;j eunfhj;J ve;j eunfhj;J"" while P.W.2 in his evidence said that he heard the deceased shouted ""Inah vd;id btl;lhnj"" in Tamil and therefore,

the evidence of P.W.3 runs contrary to the evidence of P.W.2. We do not see that there is really any conflict between the version of P.W.2 and

P.W.3 on this aspect. P.W.2 in his evidence has not stated in what language the deceased had screamed. Therefore, in the absence of any positive

evidence from P.W.2 suggesting the language in which the deceased screamed, we cannot positively say that his evidence runs contrary to the

evidence of P.W.2. As a matter, the learned counsel appearing for the appellant before the trial court has clarified that P.W.2 accompanied P.W.3

to the place where the incident took place and both of them tried to apprehend the accused and that they were threatened by the accused with dire

consequences. There is absolutely no material worth the name in the evidence to suggest that these witnesses had enough grudge against the

accused to falsely implicate him in the offence. All that is suggested to these witnesses that they are related to the deceased and that is why they are

falsely implicating the accused in the crime. Therefore, in the absence of any material on record, which would create any doubt in our mind about

the presence of these witnesses on the spot or the fact that they are deposing falsely against the accused, we feel that the evidence of P.W.2 and

P.W.3 amply corroborates with each other and these two witnesses appear to be reliable witnesses. Therefore, in our opinion, the learned

Sessions Judge was right in relying on the evidence of these two witnesses to come to the conclusion that the accused had caused the death of his

wife.

Next comes is the evidence of the Investigating Officer P.W.14 and the evidence of P.W.8 who spoke about the arrest of the accused and the

recoveries made in pursuance of the statement given by the appellant. It is the specific case of P.W.14 that on 21-6-1995 at about 3.30 PM on

the information received, he arrested the accused in the presence of P.W.8, an independent witness and on enquiry, the accused voluntarily gave a

confession statement, the admissible portion of which was marked as Ex.P-5, which resulted in the recovery of billhook (M.O.12) and the

bloodstained shirt (M.O.11). In the report of the chemical analyst which was marked as Ex.P-12, it is stated that both these material objects

contained the stains of human-blood. The Serologist Report (Ex.P-6) also shows that the billhook (M.O.12) contained the human-blood of A

group which tallied with the group of the bloodstains found on the shirt of the accused. That apart, P.W.2 and P.W.3 identified the billhook

(M.O.12) during their examination.

At this juncture, we are constrained to comment upon the manner in which the investigation was done in this case. When we see at the very

vital prosecution documents, viz. Discovery statement, discovery mahazar, observation mahazar, etc. it is obvious that those documents were

prepared in a perfunctory manner. These important documents are bereft of particulars as to where the bloodstained shirt and weapon have been

hidden and its location as such. Further more, in all the documents there was no mention of the time as to when the recording of the statement was

commenced and when it was ended; when the discovery process was started and when it ended. Ex.P-6 recovery mahazar for the bloodstained

shirt also does not indicate as to at what time the panchanama was prepared and when it was concluded. The document is bereft of particulars as

to how far the place from where the accused was arrested and the place where the article was hidden. Ex.P-7 is yet another document which

relates to the recovery of weapon. A reading of this document would also indicate that the document is bereft of particulars. The way in which the

observation mahazar was prepared amply show the perfunctory nature of investigation in this matter. It does not indicate the distance between the

head and trunk of the body, trace of bloodstains between the head and trunk, etc. We expect a much better investigation from the Police especially

in the cases of this nature. The investigation in this case, to say the least, was slipshod and perfunctory. We only hope that the Investigating Officers

would act more diligently and see that all necessary details are gathered during the investigation and that the mahazars are prepared in a meticulous

manner.

On going through the evidence on record, we feel that there are overwhelming materials which would establish the guilt of the accused and we,

therefore, concur with the learned Sessions Judge that the offence under Sec.302 I.P.C. was established against the accused.

In the result, we confirm the conviction and sentence as recorded by the learned Sessions Judge. The appeal is dismissed.