VADIVEL PADAYACHI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused against the judgment of the learned Sessions Judge. South Arcot. convicting him under Section 302 I. P. C. two counts of double murder and sentencing him to imprisonment for life on each of the two counts the sentences to run concurrently.

(2.) THE case of the prosecution was that on the night of 5th March 1970 at Thirukkandeeswaram the accused. Vadivel Padavachi murdered his wife. Anjalai and her paramour Pichai Mohammed by cut-tine their necks with an axe while they were lying together in the southern room of his house.

(3.) THE accused who is a woodcutter by profession married Anjalai, who was no other than the daughter of his paternal aunt. Pattammal PW. 8. The marriage took place about ten years ago. For about three years after the marriage the couple lived together happily at Keezhachavadi the native village of the accused. Then they shifted to Mulligiram-battu which is the village of PW. 8 They lived there in amity till a Muslim by name Pichai Mohammed the deceased crossed their lives. This man belonged to Nellikuppam 11/4 miles from Mulligrrambattu village and was married to Zohara Bee PW. 7 and had many children through her. He was a stamp holder conducting daily and weekly chits. Hp canvassed subscribers from the villagers around Nellikuppam. Anjalai the deceased wife of the accused became a subscriber to the weekly chit conducted by Pichai Mohammed about four months before the occurrence. Under the pretext of collecting subscription Pichai Mohammed started visiting Anjalai frequently and was carrying on an illicit intrigue with her. The relationship between Anjalai and Pichai Mohammed became the subject of village gossip PW. 8 the mother of Anjalai admonished her and asked her to go out of the village because of the village gossip. About two months before the occurrence the accused and Anjalai left Mulligirambattu for good and started living in a portion of a house in Thirukkandeeswaram a nearby village. The house belonged to one Gnanambal the maternal aunt of PW. 1 Sundaramurthi who lives four houses off in the same street. on behalf of Gnanambal. PW. 1 rented out to the accused and Anjalai the southern portion of the house on a monthly rent of Rs. 6. The portion rented out has been marked in Ex. P. 14. the investigating officer's sketch and it consists of a room in the south and an adjacent corridor in the north. Even after the couple shifted their residence to Thirukkandeeswaram, Pichai Mohammed persisted in visiting Anjalai. This aroused the curiosity of the villagers who started gossiping about it.