SHANMUGAM Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 5. 2. 2002 rendered in S. C. No. 182 of 2001 by the Court of Principal Sessions Judge, Nagapattinam, thereby convicting the appellant who was the sole accused before the trial Court for the commission of offence punishable under Sections 449 and 302 IPC and sentencing him to undergo R. I. for 7 years and to pay a fine of Rs. 1,000/-, in default to undergo R. I. for one year for the offence punishable under Section 449 I. P. C. and life imprisonment and a fine of Rs. 1,000/-, in default to undergo R. I. for one year for the offence under Section 302 I. P. C.

(2.) THE charge as framed against the appellant/accused before the trial Court was that the father of the appellant/accused and the father of the deceased Rajendran are brothers; that the accused, the deceased Rajendran and his brother Jayaraman were living under the same roof at Door No. 3/23, Melappathi East Street; that because the appellant/accused suspected illicit intimacy in between his wife Thamizharasi and the deceased Rajendran for some days prior to the date of occurrence, there was a wordy quarrel between the appellant/accused and the deceased Rajendran at about 11. 00 a. m. on 10. 7. 2000 and at that time, the appellant/accused revealed that "my anger will come down only if I kill you".

(3.) THE further charge was that on 11. 7. 2000 at about 5. 30 a. m. while the deceased Rajendran was sleeping at his residence at Melappathi, the appellant/accused took out a crowbar and hit him on the left side of the head i. e. on the temporal region thus causing grievous injury, as a result of which, with profuse bleeding he died a little later and hence the charge for the commission of offence punishable under Sections 449 and 302 I. P. C. against the appellant/accused before the trial Court.