MUNIANDI Vs. STATE

JUDGEMENT

(1.) The appellant, who is the accused in S. C. No. 85 of 1985 on the file of the Court of Session Judge, Anna District at Dindigul, stands convicted for the offence under S. 304, Part (1) of I.P.C. and sentenced to undergo for Rigorous imprisonment for seven years.

(2.) The brief facts leading to the filing of this appeal are: The accused is a resident of Sedapatti village, which lies within the jurisdiction of Sembatti Police Station. Poongodi, since deceased was no one-else than his younger sister. He is having another sister by name Mookkayee P.W. 3. The marriage of P.W. 3 took place about 12 years prior to the day of occurrence, which happened on 29-3-1985. She was given in marriage to one Alagumalai. Two off-springs, One male, and female came into being as a result of that lawful wedlock. During the subsistence of the marriage P.W. 3 took a fancy for her uncle's son, Palaniappan and her intimacy with him developed day-in-and day-out even during her matrimonial life, which resulted in her elopement with her uncle's son, Palaniappen to Chettipalayam. The aggrieved husband Alagumalai convened a panchayat in the village regarding her elopement. In the Panchayat, it was decided to snap the matrimonial bond between P.W. 3 and Alagumalai and allow her to live with Palaniappan, a man of her choice as husband and wife. The panchayat also imposed upon Palaniappan a penalty of Rs. 600/- for his clandestine relationship with P.W. 3. Thereafter, P.W. 3 and Palaniappan lived as husband and wife at Chettipalayam for about a year.

(3.) The accused had been fondling the deceased with so much of love and affection and was in fact in search of a good husband for her. While he was dreaming a rosy future for her, the said Palaniappan somehow or other developed a clandestine relationship with her also, the consequence of which was he has also taken her as his second wife, of course with the consent of P.W. 3 and this event happened some one year prior to the occurrence. Subsequently Palaniappan lived along with the deceased and P.W. 3 for some time at Thirupathur. The accused was rather infuriated by the conduct of his both sisters, P.W. 3 and the deceased, bringing stigma to the honour of the family.