The main legal point established in the judgment is the admissibility of a confession statement given to the Police Officer after the commencement of the investigation, which was found to be barred by Section 162 of the Code of Criminal Procedure.

P.N. Prakash, J.

1. The sole accused who has been convicted and sentenced to undergo imprisonment for life and pay a fine of Rs. 1,000/-, in default to undergo six months Rigorous Imprisonment for the offence under Section 302 IPC; and sentenced to undergo 4 years Rigorous Imprisonment and pay a fine of Rs. 500/, in default to undergo 3 months Rigorous Imprisonment for the offence under Section 326 IPC by the Additional District and Sessions Court (FTC-I, Chengalputtu), in S.C.No.122/2009 on 22.10.2010, is the appellant before this Court.

2. It is the case of the prosecution that Sudalaimani, the accused herein, is the husband of the deceased Shanmughasundari. They have a daughter Yogeshwari (P.W.2) and son Panneerselvam (P.W.3). The accused used to suspect the fidelity of his wife and would quarrel with her. On the fateful day, i.e. on 17.10.2008 around 10.00 p.m. while the deceased was lying down in the house, the accused fatally attacked her with a knife and in the course of the same transaction, he also attacked his daughter Yogeshwari (P.W.2) with an intention to kill her. On hearing the cries emanating from the house of the accused, Paranthaman (P.W.1) who lives opposite the house of the accused, came to the house of the accused and through the window saw the accused attacking his wife. Since the house door was locked from inside, Paranthaman (P.W.1) used a grinding stone (M.O.2) to break open the house door and entered the house. He was also attacked by the accused. Paranthaman (P.W.1) sent Yogeshwari (P.W.2) with his wife Prabavathy (P.W.4) and one Kesavan (P.W.7) to the Hospital for treatment. Later P.W.1 also went to the hospital and got treated for the injuries he sustained.

(a) Thereafter, Paranthaman (P.W.1) lodged a written complaint (Ex.P1) at 11.45 p.m. on 17.10.2008 with the Inspector of Police, Chrompet Police Station, which was received by A.Rajendiran (P.W.15), the Sub Inspector of Police who registered a case in S-13, Chrompet Police Station Cr.No.526/2008 for offences under Sections 341, 324, 307 and 302 IPC and prepared the printed FIR (Ex.P12). The FIR and the complaint reached the jurisdictional Magistrate at 4.00 a.m. on 18.10.2008, as could be seen from the endorsement thereon. The investigation in this case was taken over by Durairaj (P.W.16), the Inspector of Police, who went to the place of occurrence and examined Paranthaman (P.W.1), his wife Prabavathy (P.W.4) and Manikandan (P.W.5). In the presence of witnesses, Venkatesan (P.W.9) and Murugesan (not examined), he prepared the Observation Mahazar (Ex.P2) on 18.10.2008, between 1.30 a.m. and 2.00 a.m. He also prepared the Rough Sketch (Ex.P13). He conducted inquest over the body of Shanmughasundari in the presence of witnesses from 2.00 a.m. to 5.15 a.m. and the Inquest Report was marked as Ex.P14. He despatched the body of Shanmughasundari for post-mortem to the Government Hospital, Chrompet. From the scene of occurrence, he seized the blood stained plastic mat (M.O.3), blood stained bed sheet (M.O.4), blood stained mosaic tile (M.O.5) and mosaic tile without blood stains (M.O.6) under the cover of Mahazar (Ex.P3) and also the grinding stone (M.O.2) under the cover of Mahazaar (Ex.P15). Thereafter, he examined certain witnesses in the place of occurrence and proceeded to the Government Hospital, Chrompet, where he recorded the statement of Yogeshwari (P.W.2).

(b) Autopsy was conducted on the body of deceased Shanmughasundari by Dr. Kavitha (P.W.14), who in her evidence as well in the post-mortem certificate (Ex.P11) has noted the following injuries:

“External injuries:

1) 5 x 7 cms bone deep laceration near right below wrist joint.

2) 2 x 2 cm bone deep right palm

3) 5 x 2 x 3cm deep laceration over Rt shoulder joint

4) 15 x 2 x 4cm deep laceration extending from Rt ear to the Rt occipital region with all major vessels

5) 4 x 2 x 1cm piercing the Rt eye just above the eyebrow

6) 5 x 7 cms deep laceration over the parietal region bone exp