PASUNGILI Vs. STATE

JUDGEMENT

(1.) The appellant, who was convicted for offences under Ss. 302 and 294(b) IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.2,500.00 (Rupees two thousand five hundred only), in default, to undergo rigorous imprisonment for one month for offence under Sec. 302 IPC and to undergo simple imprisonment for three months for offence under Sec. 294((b) IPC, preferred the present criminal appeal against the judgment and order dtd. 28/4/2017 made in S.C.No.221 of 2015 on the file of the V Additional District and Sessions Judge, Madurai,

(2.) The case of the prosecution is that the appellant and the deceased Saravanaselvi are husband and wife and they have three daughters. The further case of the prosecution is that the appellant was a drunkard and there used to be regular wordy quarrel between the appellant and the deceased and the appellant is said to have tortured the deceased by physically abusing her. The appellant also did not go for any work and this was questioned by the deceased several times.

(3.) The trial Court examined P.W.1 to P.W.12 and marked Exs.P1 to P11 documents and material objects were identified and marked as M.Os.1 and 2. On completion of the evidence on the side of the prosecution, the appellant was questioned under Sec. 313(1)(b) of Cr.P.C. on the incriminating evidence that was brought-forth by the prosecution and the appellant pleaded innocence and he stated that he has been falsely implicated in this case.