MURUGAN Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the conviction and sentence passed by the Court of VII Additional Sessions Judge, Chennai dated 28. 9. 2001 in S. C. No. 34 of 2000 thereby convicting the appellant for the commission of offences punishable under Section 302 I. P. C. and sentencing him to undergo rigourous imprisonment for life besides imposition of a fine of Rs. 1000/- in default to undergo a further Rigourous Imprisonment for three months.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for the appellant and the learned Additional Public Prosecutor for the State, it comes to be known that the appellant is the accused and he has been charged for the commission of the offence punishable under Section 302 I. P. C.

(3.) THE case of the prosecution is that the appellant was having illicit intimacy with one Shanti,daughter-in-law of P. W. 3, who is the maternal uncle of the appellant; that this was exposed by the deceased. P. W. 3 told the accused that he should not pay visits to his house and therefore the appellant developed a grudge against the deceased; that while so on 08. 09. 1998 at about 7. 30 p. m. the accused came to the house of the deceased and called him out; that the deceased came down and was talking with the accused; that after some time both of them were found at the place of occurrence that P. W. 1 and P. W. 2 growing suspicions went in search of the deceased and when they went to the place of occurrence, they saw the accused and the deceased still talking to each other; that according to the prosecution during the course of altercation the appellant suddenly took the M. O. 1 knife and cut the deceased and ran away and that the deceased died on the spot and hence the charge.