GOVINDASAMY Vs. STATE

JUDGEMENT

(1.) The appellant was tried as a sole accused by the Principal Sessions Judge in S.C.No.81 of 2011 for the offence under Section 302 I.P.C. and in the judgment dated 31.10.2012, the Principal Sessions Judge found the appellant guilty and convicted under Section 302 IPC and sentenced the appellant to undergo Imprisonment for Life and also to pay a fine of Rs.1,000/- in default to undergo Simple Imprisonment for three months. Challenging the above said judgment of the Principal Sessions Judge, the Appellant has preferred this appeal.

(2.) Briefly the case of the prosecution as per the charge sheet filed by the Investigating Officer is that the Appellant is the husband of the deceased Sarasu and they are having a son namely, Kumaravel, who is settled at Bangalore. The Appellant also married one Ellammal as second wife and begot two female children and both wives Sarasu and Ellammal were living separately in the house of the Appellant. The first wife Sarasu had often quarrelled with the Appellant demanding the transfer of the land in her name. Panchayat was also convened regarding the dispute between the Appellant and the said Sarasu. On 09.09.2010, at 6.00 P.M., there was a dispute between the Appellant and Sarasu with regard to the land transfer. On 10.09.2010 at about 03.30 a.m., due to the above said land dispute, the Appellant, with an intention to cause the death of Sarasu, has voluntarily and brutally attacked Sarasu, with hacksaw blade and Akkuaruval on her neck, throat, head, jaw and shoulder and caused the death of Sarasu and hence, the Appellant committed the offence punishable under Section 302 IPC.

(3.) The Principal Sessions Judge found that the prima facie case was made out and framed a charge under Section 302 IPC. But, the appellant denied the charge as false and also claimed for trial.