THOTHANDI ALIAS ANDI Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 in S.C. No. 12 of 1984 on the file of the I Additional Sessions Judge, Madurai, is the Appellant. Chinnamuthan who was arrayed as Accused 2 in the same Sessions case and charged under Section 201 I.P.C. was however acquitted by the learned trial Judge.

(2.) THE Appellant was charged under Section 302 I.P.C. for having caused the death of his minor daughter Radha, by cutting her throat with a 'Pannai aruval' M.O.5, on the night of 16.5.1983 at Vadakathianpatti Village, under the mistaken impression, that he was killing his wife Kachammal, examined as P.W.1. The trial Court found the Appellant guilty of murder and sentenced him to life imprisonment.

(3.) THE Appellant had suspected illicit intimacy between his wife and P.W.1. and Raju P.W.2. The Appellant used to scold and chastise P.W.1. quite often, in the fond hope that she would put an end to her amorous activities with P.W.2. P.W.1. appears to have persisted in her illicit relationship with P.W.2. and that was the animosity which had led to the unfortunate death of deceased Radha, whom the Appellant had cut, under the mistaken impression that he was terminating the life of his wayward wife.