Intention of accused to cause fatal injury established.

Padmini Jesudurai, J.

The appellant, who has been convicted by the learned XI Additional Sessions Judge, Madras in S.C.No.98 of 1984 for an offence under Sec.302 of the Indian Penal Code and sentenced to undergo imprisonment for life, has filed the present appeal, challenging his conviction and sentence.

2. The gravamen of the charge against the appellant was that on 8. 1984 in Door No.29, Duraisamy Gramani Street, Kodambakkam, Madras, at about 10.50 a.m., he caused the death of his wife, Thamilarasi, aged 22, by stabbing and cutting her on her neck with M.O.1, knife as a result of which she died soon after.

3. The prosecution case is briefly as follows: The deceased was married to the appellant about 1 1/2 years prior to the occurrence. About 10 months after the marriage, the deceased gave birth to a male child in the hospital, through cesarean operation. The doctors advised that for three years thereafter, the deceased should not conceive. After the delivery the deceased was in the house of her parents for some time. The appellant came to fetch the deceased to his house which was nearby. P.W.3 the mother of the deceased told the appellant about the medical advice. The appellant replied that he would take care of the deceased. The deceased then left her mother’s house and went to the house of the appellant. Immediately thereafter, the deceased again conceived and at the time of the occurrence, she was carrying five months. Physically she was very weak and about 15 days prior to the occurrence, she returned to her parents’ house, since the appellant did not purchase any medicines for her weakness. The day, after the deceased returned to her parents’ house, the appellant went there and wanted the deceased to return to his house. The deceased told the appellant that her parents would buy medicines for her and that, therefore, she would remain in her parents’ house for some time. The appellant went off in a huff saying that the deceased was really in illicit intimacy with someone and that was why she was unwilling to return to his house and that, one day, he would catch her red handed.

4. On the day of the occurrence, at about 10.30 a.m., the appellant went to the house of the deceased. P.W.3 went inside the kitchen to prepare coffee for him. The deceased and the appellant were in the front hall, talking for sometime. Suddenly P.W.3 as well as P.W.4 the sister of the deceased, who were also inside the kitchen and also P.Ws.1 and 2, neighbours, heard the voice of the appellant demanding the deceased, whether her father or her husband was more important to her. On hearing this, P.Ws.3 and 4 went inside the middle hall, while P.Ws.1 and 2 came in front of the house. The appellant was seated on a rattan stool, while the deceased was seated near his feet on the ground. The appellant, then asked the deceased that he wanted a final answer as to whether she would come with him or not. The deceased replied that in her present state of physical health, she could not come with him. Thereupon, the appellant took out M.O.1, knife from his pocket and with his left hand, caught hold of the hair of the deceased, pulled her face backwards and with M.O.1 stabbed the deceased on the neck and then sawed the deceased P.Ws.1 to 4 raised alarm, whereupon the appellant removed M.O.1 and ran out of the house. P.Ws. 3 and 4 took the deceased who was bleeding profusely, rendered first aid and took her in an auto to the Government Hospital at Royapettah. P.W.8, the Medical Officer, there, found the deceased dead. Meantime, P.Ws.1 and 2 chased the appellant while, others in the street joined the chase. The appellant was finally caught near the house of one Dass in Raghavan Colony. The appellant put M.O.1 knife inside his pocket, which was taken possession of by P.W.1. They brought the appellant to the scene house and on coming to know that the deceased had been taken to the hospital, they took the appellant to the police station at Kodambakkam,