GANESAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The appellant, who was working abroad lost his employment and returned to his family, comprising of his wife and three children. Unable to get any employment, he took to the bottle and perpetrated continuous harassment on his wife and children. The wife,thus,left him to live with her mother who had a small business and was capable of looking after the daughter and her children. Enraged by the desertion; which the appellant believed was due to the instigation of the mother-in-law, with clear premeditation, he went to the shop of the mother-in-law with a billhook and attacked her. The wife who tried to save her mother also suffered injuries.

(2.) The appellant was booked under Ss. 498A, 294(b), 307 and 506(II) of the Indian Penal Code, 1860 (for brevity, "the I.P.C."); the attempt to murder being levelled on two counts, as committed against the mother and daughter. The trial court convicted the appellant and sentenced him to imprisonment for life under Sec. 307 as against the mother-in-law, three years rigorous imprisonment (RI) under Sec. 498A with a fine respectively of Rs.30,000.00 and Rs.20,000,.00 as also three years simple imprisonment (SI) and seven years RI under Sec. 324 (as against the wife) and 506(II) respectively. On appeal, the High Court sustained the conviction under Sec. 307 I.P.C. and the sentence was reduced to 12 years RI from life imprisonment and acquitted the appellant under Sec. 506(II), I.P.C. while confirming the conviction and sentence under Ss. 498A and 324 I.P.C.;with the further direction that the sentences will run concurrent.

(3.) In the present appeal,before this Court, notice was issued only on the quantum of sentence,by order dtd. 21/11/2022. The conviction, thus, stands affirmed, as has been found by the High Court, by virtue also of the unshaking testimony of the injured witnesses, which evidence it is trite has to be accorded a special status in law.