PALANI @ PALANIKUMAR Vs. STATE BY TILAK PARK POLICE

JUDGEMENT

(1.) The present appeal is preferred by the accused being aggrieved by the judgment and order of conviction and sentence dated 16.2.2013, passed by the Court of Fast Track-I, Tumkur in SC.No.197/2012.

(2.) It is the case of the prosecution that Ambika got married with the accused and after their marriage they were residing in Vinobanagar, Tumkur. The said Ambika was working as a coolie in CAMPCO at Batawadi and the accused was working in a workshop at Gubbi. They lived happily for sometime. Thereafter accused demanded money from his wife Ambika. Prior to the incident in question, accused has taken Rs.10,000/- from the deceased Ambika for purchase of motorcycle, but the said amount was spent for some other purpose. Thereafter, accused started insisting the deceased Ambika to pay Rs.10,000/- for purchase of motorcycle. When she refused to pay the said amount as she was not having any money, accused quarreled with her and he also used to ill-treat and harass her. With this background, on 23.1.2012 accused pressurized the deceased Ambika to pay the money, due to the said act of the accused, she went to the house of her sister Smt.Manjula and requested her to come and stay in her house as she was scared about the accused. In pursuance of the request made by the deceased, Manjula sent her son Vignesh-PW.1 to go and stay in the house of the deceased Ambika. Accordingly, Vignesh went to the house of the deceased. At that time accused insisted the deceased to pay the amount and also quarreled with her. Thereafter, the quarrel was pacified and all of them slept in the house.

(3.) During the intervening night of 21.2012 and 24.1.2012 at about 00.45 hours, the said Vignesh heard screaming voice of Ambika, suddenly he got up and saw the accused stabbing Ambika with knife, he tried to rescue her by holding the accused to which accused tried to stab the chest of the said Vignesh. To escape from the said attack, Vignesh raised his hand, as a result of which, he sustained cut injury near his left wrist. Thereafter, accused opened the door and ran away. Immediately, Vignesh shouted for help and on hearing the same, neighbours and relatives who were residing within the vicinity came to the place of incident and found Ambika in a pool of blood and immediately thereafter, 108-Ambulance was called. The person who came in the Ambulance examined the deceased Ambika and told that she was already dead. Thereafter, body was shifted to Government Hospital at Tumkur. PW.1- Vignesh after taking treatment, went to the Police Station and filed the complaint as per Ex.P1. On the basis of Ex.P1, a case was registered in Crime No.13/2012 for the offences punishable under Sections 307 and 302 of IPC.