KANNAN Vs. STATE

JUDGEMENT

(1.) THE appellant/accused has been convicted for the offence under Sec.302, Indian Penal Code and sentenced to imprisonment for life.

(2.) THE brief facts are: The scene village Veppalampatti is situate 14 Kilometres south of Bargur Police Station. The accused Kannan alias Pullan alias Perumal is a native of Panamutlu. The deceased Muniappan also hails from the same village. He (deceased) owns about 75 cents of land in his native place. The marriage between him and P.W.1 took place some twenty years prior to the occurrence which happened on 26/27.4.1983. They were blessed with two children and the said two children are eking their livelihood by doing cooly work at Bangalore. Ever since the marriage of the deceased he started living at Velampatti along with his wife P.W.1 very often used to go to his native village for the purpose of cultivating the little bit of land he was possessing. While doing so the purpose used to stay there for some time. During such time it so happened that P.W.1 took a fancy for the accused and developed clandestine relationship with him not within the immediate knowledge of her husband -deceased. Some one year prior to the occurrence the deceased disposed of the land in his native village. Consequently, the deceased and his wife had no chance to make visits to the native village as had been done by them frequently on earlier occasions when he was cultivating the land. The accused unable to bear the separation of the company of P.W.1 very often went in search of P.W.1. More or less he was wandering or roaming in all places where P.W.1 used to go for doing cooly work.

(3.) DURING trial the prosecution examined P.Ws.1 to 11 filed Exs.P -1 to P -19 and marked M.Os.1 to 17. The accused when questioned as respects the incriminating circumstances appearing in the evidence against him flatly denied the same. He did not choose to examine any witness on his side.