LexSTATE OF TAMIL NADU versus P. MUNIAPPAN
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A STATE OF TAMIL NADU v. P. MUNIAPPAN DECEMBER 2, 1997 B [M.M. PUNCHHI AND M. SRINIVASAN, JJ.) Criniinal law : Penal Code, 1860 Sections 302 and 201. C Oiminal T1ial--Grcumsta11tial evidence-Death of wife-Held : Cir- cumstantial evidence sufficient to conclusively establish guilt of the husband. Medical Jwi,p111dence-Suicide or homicide-Medical opinion-Doc- tor expressed two view~ut homicide not completely 111led out by doc- tors-Held : 1heir evidence must be taken i11 co11junctio11 with all the D circwnsta11tial evidence on record-In the circumstances of the case, death was homicidal. Se1vice Law : Dismissal-Accused dismissed from se1vice on the grou11d that he E murdered his wife-Subsequently, accused was acquitted by High Cowt-State Administrative T1ibunql directed reinstateme11t of accused f al- lowing his acquittal-But accused was suspended by auth01ities when SLP against his acquittal was admitted by Supreme Cowt-Supreme Cowt reversed order of acquittal-Held: Order of dismissal restored. F The respondent-accused was convicted by the Sessions Court for offences under Sections 302 and 201 of the Penal Code, 1860. On appeal, the High Court acC]uitted the respondent. Hence this appeal. According to the prosecution, the respondent was working as Assis- . G tant Professor of Mathematics. After his marriage with the deceased, the respondent was transferred. The respondent, along with his parents, was making repeated demands for dowry in the shape of household articles. The respondent had filed a petition for divorce and was repeatedly insisting upon her consent for his second marriage or divorce. On the fateful day the body of the deceased was found to be hanging from the roof of her kitchen. H The accused who was the only other occupant of the household, on the 124 STATE v. P. MUNIAPPAN 125 fateful day, was sleeping separately outside the house. There were burn A injuries on the body of the deceased which were not in existence on the previous evening, there being no resist injuries. The hair of the deceased was disheveled and her dress was disturbed with the jacket and bra being open. The respondent rushed to the police station without going inside the house and finding out whether the deceased was dead. The 'thali' (mangal- B sutra) was not on the neck of the deceased. The respondent was dismissed from service on the ground that he was found guilty of committing murder of his wife. The State Administra- tive Tribunal directed the respondent's reinstatement after he was ac- quitted by the High Court. But later the authorities suspended the C respondent when this Court admitted the SLP against the judgment of the High Court. The High Court ac11uitted the respondent on the ground that the deceased 'chose to terminate her life of her own accord perhaps on account of the torture she had undergone in the hands of her cruel husband' and D also on the ground that when the doctor had expressed two views, the one favounible to the accused must be taken into account. Allowing the appeal, this Court HELD : 1.1. In this case the following circumstances are con· E sidered: (i) The respondent had strong motive to put the deceased -0ut of the way before the petition for divorce was taken up for hearing. The respon· dent was repeatedly insisting upon the consent of the deceased for his second marriage or divorce. (ii) The respondent was the only other occupant of the house in which the deceased met with the unnatural end. F (iii) The respondent's varied explanations for sleeping separately G outside the house are totally unbelievable. (iv) The burn injuries on the body of the deceased were not in existence on the previous evening. There being no resist injuries the only inference possible in the circumstances is that the respondent caused them before or after the death of the deceased. H 126 SUPREME COURT REPORTS [1997) SUPP. 6 S.C.R. A (v) The disheveled hair and the disturbed dress with the jacket and bra being open show that there was a struggle before the death of the deceased. Her feet were touching the floor •. There is no evidence to show that the cardboard box alleged to have been by the side of the body could have borne her weight. B (vi) The conduct of the respondent in rushing to the police station c without going inside the house and finding out whether his wife was alive or dead is also relevant. (vii) The 'thali' (mangalsutra) was not on t
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