SHANMUGAM Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C.No.86 of 2008, on the file of the Sessions Judge Mahila Court (Mahalir Neethimandram), Chengalpattu and aggrieved by the conviction under Section 302 of IPC and the sentence of imprisonment of R.I. for life imposed, vide Judgment dated 25.02.2010, has preferred this appeal. THE appellant/accused was also charged under Section 498(A) of IPC. However, he was acquitted from the said charge by the trial Court.

(2.) THE facts leading to the filing of this appeal are as follows:- THE deceased viz., Chandra is the wife of the accused/appellant and the marriage between them was solemnized on 24.6.2001. Out of wedlock, two children were born to them.

(3.) ON 02.04.2007, at about 7.00 a.m. the deceased Chandra went along with her child and at that juncture, the appellant consumed alcohol, went to Mamandur to procure pesticides and came to Melathangal lake, wherein the deceased was lying. At about 10.00 a.m., on that day, the appellant told the deceased that she only asked for poison and he brought it and he opened the same, tried to administer the same forcefully, and when it was prevented, he slapped the deceased and consequently, she fallen down. The appellant also kicked the deceased on her chest and stomach.