ALLAUDEEN ALIAS KUMAR Vs. STATE

JUDGEMENT

(1.) For having caused the death of his wife Selvi by beating her with hands and with a stone apart from kicking her, at or about 6 p.m. on 13.9.1984, in front of Venkateswara Sizing Mills situated at Erode-Karur Main Road at Vendipalayam, the appellant Allauddin alias Kumar was tried in Sessions Case No. 12 of 1985 on the file of the Principal Sessions Judge, Periyar Division at Erode, for an offence punishable under section 302 I.P.C. The trial Judge found the appellant guilty as charged and sentenced him to undergo imprisonment for life.

(2.) The prosecution case in brief is as follows: P.W. 2 Mrs. Santhosham is a cooly by profession and was residing at Loganathapuram, at the relevant time. She knew the appellant and the deceased. At or about 9.30 a.m. on 13.9.1984, P.W. 2 witnessed the appellant beating his wife. P.W. 2 cautioned the appellant that if life were to be lost, it cannot be re-obtained. The appellant told P.W. 2 that the deceased was refusing to part with money earned by her in an illicit way. The appellant also kicked the deceased. P.W. 2 noticed blood coming out of the nose and mouth of the deceased. The appellant requested P.W. 2 to help him to lift his wife. P.W. 2 did not agree since she was afraid that she may also be implicated in the event of the death of the deceased. At or about 6 p.m. on the same evening, through her son, P.W. 2 learnt that the lady who was fighting in the morning had died.

(3.) P.W. 3 Mrs. Katheeja belongs to Manakattuthottam and she knew the appellant and the deceased. At or about 1 p.m. on 13.9.1984 when P.W. 3 was engaged in conversation with her friend Victoria, she found the appellant and the deceased fighting with each other sitting under a tree, opposite to the house of Victoria. The appellant was asking the deceased to part with her earnings obtained by illicit ways. P.W. 3 witnessed the appellant beating the deceased on her chest and the latter was not able to get up. The appellant requested P.W. 3 for some water. P.W. 3 and Victoria due to fright did not supply water. The appellant himself in a plastic mug took water from a nearby trough and sprinkled it on the face of the deceased. The deceased did not get up. The appellant beat the deceased with the plastic mug. At 5 p.m. on the same evening, when P.W. 3 saw, the appellant and the deceased were not to be seen there.