RAJESH Vs. STATE

JUDGEMENT

(1.) THE appellant is accused in S.C.No.9 of 2010 before the learned Additional Sessions Judge,(Fast Track Court-I), Erode. For convenience sake, in this Judgment, let us call him the accused. The accused stood charged under Sections 498-A and 302 IPC. He was found guilty of both the charges. Under Section 498-A IPC., he was sentenced to one year R.I. and fined Rs.500/-, in default, to undergo three months R.I. and under Section 302 IPC., he was sentenced to life and fined Rs.500/-, in default, to undergo one year R.I. Both the substantive sentences were directed to run concurrently.

(2.) THE case of the prosecution, in brief, runs as under:-

(3.) WITHOUT prejudice to his above contentions, the learned counsel for the appellant also contended that the deceased was having illegal intimacy with one Senthil and that led to continued domestic quarrel between the spouses, the accused was aggrieved over her behavior, he was also apprehensive of loosing his children also and this was lingering in his mind for quite some time and tormented him mentally very much and on the occurrence day, wordy altercation took place between both, in the circumstances, the occurrence had taken place. Thus, it would not be murder, at the most it would be culpable homicide not amounting to murder. So, sentencing him under Section 302 I.P.C. is not warranted.