ANNADHURAI ALIAS DURAI Vs. STATE REP

JUDGEMENT

(1.) The appellant, who, in this judgment, will be referred to as the accused for the sake of convenience, was tried before the learned Sessions Judge, Dharmapuri District at Krishnagiri, in Sessions Case No.162 of 1993. The allegation against the accused is that at 10.00 p.m. on 29.5.1990, he caused the death of Sakila by smothering and that thereafter buried the dead body to screen the offence. The learned Sessions Judge, finding the accused guilty under Section 302 IPC, sentenced him to imprisonment for life and for the offence under Section 201 IPC, he was convicted and sentenced to undergo rigorous imprisonment for three years. The present appeal challenges the above conviction and sentence.

(2.) The case of the prosecution is this:- P.W.3 is the mother of the deceased the deceased was aged about 18 years on the date of incident. P.W.3 and the deceased were residing at Kaveripattinam. The accused was having his cattle-feed shop adjacent to the house of P.W.3 and friendship developed between the accused and the deceased. The accused and the deceased, thereafter, set up a separate family and they lived as husband and wife for about six months. After some time, quarrels arose between the accused and the deceased and the deceased used to leave the accused for P.W.3's house very often and whenever P.W.3 questioned her as to why she is quarrelling with the accused, the deceased used to tell her mother that the accused is refusing to marry her and therefore, they are quarrelling. P.W.3 requested the accused to marry his daughter; but, he refused.

(3.) On 29.5.1990, the accused went to the house of P.W.3, where the deceased was staying, and took her in a cycle. P.W.3 advised the deceased not to go with him; but, the deceased went along with the accused in his cycle. She did not return home. Thereafter, the accused and the deceased were seen together by P.Ws.4 and 5 (P.W.4 turned hostile and P.W.5 alone supported the prosecution version). While P.Ws.4 and 5 were sitting near a bridge, they saw the accused and the deceased going in a cycle towards Sowlur. Thereafter, the deceased was not seen alive by anyone.