ANBARASI Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of the III Additional District and Sessions Judge, Coimbatore in S.C.No.8 of 2017, dtd. 23/2/2018, convicting the appellant for an offence under Sec. 302 IPC., and sentencing her to undergo Life Imprisonment and to pay fine of Rs.1000.00 and in default to undergo 3 months Simple Imprisonment.

(2.) The case of the prosecution is that the appellant started living with the deceased Vimal Kumar along with their 4 year old son. The mother of the appellant [CW.1] was also living along with them. The deceased Vimal Kumar used to subject the appellant to cruelty under influence of alcohol and there were frequent quarrels between the deceased and the appellant. On 8/8/2016 at about 5.00 a.m., the appellant and the deceased Vimal Kumar quarreled with each other and the appellant is said to have taken a grinding stone [MO.1] and threw it on the head of the deceased Vimal Kumar, resulting in his instantaneous death.

(3.) The incident is said to have been witnessed by PW.1, who is the mother of the deceased and she immediately called her elder son PW.2 from her mobile phone. PW.1, PW.2 and David [PW.3] came to the scene of crime and thereafter PW.1 and PW.2 went to the Mettupalayam Police Station and lodged a complaint [Ex.P.1]. Based on the same, an FIR [Ex.P.18] was registered by PW.12 on 8/8/2016 at about 7.30 a.m.