K OBULIRAJ Vs. STATE

JUDGEMENT

(1.) The Appellant/Accused has preferred the instant Criminal Appeal challenging the conviction and sentence dated 22.06.2009 passed by the Learned Sessions Judge, Mahila Court, Salem, in S.C.No.174 of 2008.

(2.) The Accused/Appellant was found guilty in respect of an offence under Section 306 of IPC and was awarded with the punishment of three years Rigorous Imprisonment and also he was directed to pay a fine of Rs.5,000/-and in default of payment of fine, he was directed to undergo additional sentence of three months Rigorous Imprisonment.

(3.) The case of the Prosecution is that two years prior to 04.07.2007, Soundappan's (PW.1's) daughter Suseela was given in marriage to the Appellant/Accused. As a result of wed lock, a female child was born to them and it was nine months old and 40 days. Before the occurrence, the deceased Suseela and the Appellant/Accused came to Gandhi Nagar at Maniyanoor, within the jurisdiction of Annathanapatty to have a separate residence. Subsequently, since Suseela was not turning out work properly, the Appellant/Accused frequently beat her. Further on 04.07.2006 at about 2.30 p.m in the Afternoon, because of Suseela not cleaning the house, an oral quarrel arose between them and because of that, the Appellant/Accused beat his wife Suseela. Since the Appellant/Accused beat and harassed his wife Suseela, she had committed suicide on 04.07.2006 at 4.00 p.m by placing the Sari on Appellant's House's fan hook. In this background, the Respondent/ Inspector of Police, Annathanapatty police station filed a charge sheet against the Appellant/Accused in respect of an offence under Section 306 of IPC before the Learned Judicial Magistrate No.IV, Salem.