SUNDAR RAJ Vs. STATE

JUDGEMENT

(1.) For having caused the death of his wife Yesammal, the appellant herein was convicted for the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine amount of Rs.500/-. Challenging the same, this Appeal has been filed.

(2.) The short facts of the prosecution case leading to the conviction are summarized as follows:

(3.) Mr.A.D.Jagadish Chandira, the learned counsel appearing for the appellant would take us through the entire evidence and would submit that the materials available on record would not be sufficient to hold the accused guilty of the offence under Section 302 of I.P.C. Having perceived the difficulty in arguing the case for acquittal, the learned counsel, ultimately confined to the point relating to the nature of the offence. According to the learned counsel for the appellant, the occurrence had taken place out of a sudden provocation, since the accused had suspected the fidelity of the deceased and further, the death was not the direct result of the injuries caused by him and according to the doctor, death was due to septicemia and as such, the accused could not be convicted for the offence under Section 302 I.P.C. and he would be liable to the convicted for the offence either under Section 304 (i) or under Section 304 (ii) I.P.C.