PICHAMUTHU VILLUPURAM DISTRICT Vs. STATE

JUDGEMENT

(1.) THE appellant stood trial for offence under Section 302 I.P.C. in S.C. No: 112 of 2011 before the learned Additional District Judge and Sessions Judge, Fast Track Court No: 1, Tindivanam.

(2.) THE case of the prosecution is that the appellant, while working as a Civil Engineer at Bangalore, developed a relationship with the deceased Ramija @ Jerina, wife of Mubarak. The appellant and the deceased lived together for over a period of four years at Athipalli in Krishnagiri District. Later, the appellant married P.W.1 and took up residence at Marakkanam. Coming to know thereof, the deceased Ramija went to the house of the appellant in the evening of 05.09.2010 at 5.30 p.m. She quarrelled with him stating that he pay her off or alternatively come and live along with her. Angered, the appellant strangulated the deceased using her saree and in the process he caused injuries to her face, mouth and nose. The deceased died owing to suffocation.

(3.) P .W. 1, wife of the appellant, was an eye witness to the occurrence. She has preferred the complaint - Ex.P.1 to P.W.13, Investigating Officer on 06.09.2010 at 6.00 a.m. Thereafter, P.W.13 took up investigation. P.W.2, the father of the accused, to whom P.W.1 is said to have informed of the occurrence, has turned hostile. P.W.3 is the neighbour of the accused who has spoken to the presence of a crowd at the place of occurrence. P.W.4 is the sister of the deceased and P.W.6 is her husband. P.W.5 is the brother of the deceased who has spoken to the recovery of material objects. P.W. 7 was a witness to the Observation Mahazar - Ex.P. 4 and Rough Sketch - Ex.P.10. P.W.8 is a Village Administrative Officer who has spoken to the Extra Judicial Confession tendered by the accused. A special report submitted by the Village Administrative Officer has been marked as Ex.P.5. It informs the confession of the accused.