KARUPPIAH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The sole accused in S.C.No.52/1993 on the file of the learned District Sessions Court. Dindigul Anna District, Dindigul is the appellant. The appellant is referred as accused for convenience.

(2.) The accused was charged for an offence punishable under Sec. 302 of the Indian Penal Code for having murdered Mookkammal, his wife, on 7/9/1992, 7.00 A.M., at Door No.2/284, Harijan Colony, Moongilpatty village and so he was found guilty and convicted for the said offence and sentenced to life imprisonment, in the judgment, date 26/4/1994. The above Appeal is against the said judgment.

(3.) The brief facts, as per the case of the prosecution, are as follows:The accused was not living with his wife, the deceased and they were living separately. However, suspecting the fidelity of the estranged wife, the accused is said to have stabbed the deceased in the house of her father, P.W.1, at 7.00 A.M. on 7-9-1992 and she died instantaneously. PW 1 the father of the deceased gave Ex.P1 complaint which was recorded by P.W.9, the Sub-Inspector of Police, Natham Police Station, in Cr.No.307/1992 and he registered a case under Section 302 I.P.C., against the accused. The Inspector of Police, P.W.12, went to the scene of occurrence, prepared obser-vation mahazar, Ex.P5 and conducted inquest and sent the body of the deceased for post mortem, under Ex.P15. After completion of the investigation, inclu-ding recovery of M.O.1 and examination of witnesses, charge sheet was filed on 14.10.1992 under Section 341 and 302 I.P.C., against the accused. The learned District and Section Judge after going through the evidence of P.Ws.1 to 12, and other evidence available on record, found the accused guilty under Section 302 I.P.C., and awarded life imprisonment to the accused.