VANATRAYAN @ CHINNAPPAN Vs. STATE

JUDGEMENT

(1.) It is the case of the prosecution that on the intervening night of 21/22.12.2004 in between 9 p.m. and 8 a.m. at the house No.689, 7TH Main, 6th Cross, Shashtri Nagar, Koramangala, Bangalore, the accused being a drunkard, crushed the head of his wife-Jomala Mary, while she was sleeping, with a big boulder [stone] and thereby caused her death intentionally, thereby, he is alleged to have committed an offence under Section 302 of IPC.

(2.) The prosecution in order to prove the case against the accused has examined in all 15 witnesses and got marked Exs-P1 to P26 and produced MOs.1 to 8. The accused has examined one Arul Das as DW.1 in his defence, and he has got marked Exs.D1 to D8 in his defence. However the learned Sessions Judge was pleased to convict the appellant and sentence him as aforesaid. It is this Judgment which is challenged by the accused.

(3.) The prosecution in this case commenced with filing of the complaint by PW.2-S.Lurda Swamy, who is the father of the deceased. He has stated that his son-inlaw/ accused was not working and was fully addicted to alcohol and was pestering his wife. The accused after his marriage was residing at Shastry Nagar, Koramangala and was harassing the deceased for money. He has advised his son-in-law many a times. However, he has not listened to the advise. It is stated that on 21.12.2004 at about 9 p.m. his daughter and the accused had come to his house and the accused was quarrelling with his wife and in this connection the he and other family members have pacified. Thereafter, he had gone to the work as he was a night watchman. On the next day morning at about 8 a.m. he came to know that his daughter has been done to death by the accused and thereafter he went to the Police Station and lodged a complaint. The Koramangala Police registered the said case in Crime No.377/2004 for the offence under Section 302 of IPC and after investigation; charge sheet came to be filed.