AZHAGARSWAMY Vs. STATE

JUDGEMENT

(1.) Accused is the Appellant in S.C.241/1994 on the file of II Additional Sessions Judge, Madurai. By the Judgment dated 03.01.1997, the II Additional Sessions Judge, Madurai convicted the Appellant / Accused under Sec.302 IPC and sentenced him to suffer Life Imprisonment.

(2.) Case of Prosecution could be stated thus:- Deceased AngalaEaswari is the sister of P.W.1 Pandiarajan and P.W.2 Pandiammal. While P.W.1 Pandiarajan was residing at Pulianthoppu, the Accused was residing in the nearby house of P.W.1 and was doing ' Ehy;ghuk;' business with bullock cart at Madurai Pulianthoppu. Accused was already married and having children through his first wife. While the Accused was residing nearby the house of P.W.1, the Accused developed illicit intimacy with deceased AngalaEaswari, due to which the said AngalaEaswari became pregnant. First wife's family of the Accused lived in Madurai Town. The Accused married AngalaEaswari as his second wife and they settled in Keeriyagoundenpatty. A male child was born to the Accused and deceased AngalaEaswari. While the deceased was living with the Accused, she used to visit the house of her mother Meena and inform P.W.1 and mother Meena about the frequent quarrel by the accused suspecting her fidelity or chastity.

(3.) On 16.05.1993 - 9.30 PM the Accused went to the house of P.W.1 and informed them that AngalaEaswari is admitted for treatment of injuries due to electric shock at Thirumangalam Government Hospital. P.Ws.1 and 2 and their mother Meena immediately went to Thirumangalam Government Hospital. They came to know that AngalaEaswari was not admitted in that hospital for treatment. When P.W.1 and deceased Meena along with their relatives immediately went to the house of the Accused at Keeriyagoundenpatty, they found AngalaEaswari dead. There was also a marked contusion around the neck as if a rope was tied around the neck. P.Ws.1 and 2 and their mother Meena expressed their suspicion against the Accused. On knowing the same, the Accused ran away from the house and the people gathered.