MURUGAN Vs. STATE

JUDGEMENT

(1.) The accused, who has been convicted by the Sessions Judge, Dharmapuri at Krishnagiri in S.C. No. 129/ 83 for an offence u/ S.302, IPC and sentenced to undergo imprisonment for life and convicted for an offence u/S. 316, IPC and sentenced to undergo imprisonment for a period of two years and the sentences were ordered to run concurrently, has filed this present appeal challenging his conviction and sentence.

(2.) The gravamen of the charge against the appellant was that on 9-9-1983 at about 11 p.m. he caused the death of his wife Shantha, as well as the five months old baby in her womb' by hitting Shantha with a Kalikol on her head and also strangulating her neck by means of a rope.

(3.) The evidence let in by the prosecution is briefly as follows; P.W. 1, the father of the deceased Shantha, belongs to the village Kottavur 10 miles away from Kollapalli the village of the appellant. About 4 years prior to the occurrence, the deceased was given in marriage was to the appellant and at the time of the occurrence they had a daughter then aged 3. P W. 1 at the time of the marriage had given the deceased, gold chain weighing 61/2 sovereigns. Though, initially the couple was happy, disputes arose between them since the appellant pledged the above jewel for purchasing cattle and later on redeeming it, along with his father sold the jewel. On the deceased complaining about this to P.W. 1, a panchayat was held in which P.Ws.4 and 5 also participated and it was agreed that the father of the appellant should purchase a land in the name of the deceased in lieu of the jewel. Subsequently, the father of the appellant sold some of his lands to the deceased and had the sale deed registered in her name. Beside this dispute, the deceased suspected the fidelity of the appellant in having undue intimacy with his elder brother's wife and the appellant and the deceased quarrelled over this issue also. The appellant on certain occasions had beaten the deceased and the deceased had gone to her parents' house and was later brought back, being asked to lead a peaceful family life.