DESINGU ALIAS KAVERI Vs. STATE

JUDGEMENT

(1.) THE appellant was the accused before the I Additional District Judge-cum-Chief Judicial Magistrate, Salem convicted and sentenced under Section 302 I.P.C. to undergo imprisonment for life and also to pay a fine of Rs.1,000/-, in default to undergo R.I. for 3 months in S.C.No.198 of 2001 and that judgment dated 29.11.2001 which is under challenge in this appeal.

(2.) THE appellant herein is referred to hereunder as the accused for the sake of convenience. THE accused and deceased are husband and wife residing at Arunthiar Street in Ranganoor and the accused was reprimanding his wife Chinnammal about her illicit intimacy with one Palani living in the same street. Further the accused was suffering from illness for the last 3 months prior to the occurrence, in spite of treatment by the doctors and therefore he entertained a suspicion that his wife Chinnammal (since deceased) had in collusion with her paramour Palani indulged in some black magic which resulted in his illness.

(3.) THE learned Sessions Judge having analysed the evidence, both oral and documentary, adduced by the prosecution found the accused guilty for the offence under Section 302 I.P.C. and convicted him to undergo imprisonment for life and also to pay a fine of Rs.1,000/-, in default to undergo R.I. for 3 months.