AROKIASAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment dated 29.11.2005 in S.C.No.57/2005 passed by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Tuticorin, convicting the appellant under Section 306 [3 counts] IPC and sentencing him to undergo 10 years R.I. on each count and pay a fine of Rs.1,000/- for each count, in default to undergo one month R.I.

(2.) It is the case of the prosecution that Mary Christina @ Sheeba [Deceased 1] and the accused got married some time in 1991 and they had two daughters Josephine [Deceased 2] and Monisha [Deceased 3]. That the marital relationship between Sheeba and the accused became strained, since it was alleged that the accused was wanting to marry another lady by name Devi, who was working in the shop of the accused. On account of the strained relationship, Sheeba, Josephine and Monisha consumed Organo Phosphorous compound on 30.10.2002 at 8.30 in the morning. They were found in an unconscious state by Sagayam [P.W.4] brother of the accused, who went to the house around that time. Immediately P.W.4 took Sheeba, Jospehine and Monisha in an auto rickshaw and dropped them in the house of her father Antony Augustine [P.W.1] around 9.30 a.m. on 30.10.2002. All the three were not fully conscious and they were not able to speak.

(3.) The parents of Sheeba, namely Antony Augustine [P.W.1] and Agnes [P.W.2] were examined on behalf of the prosecution in order to speak about the factum of marriage between the accused and Sheeba in the year 1991 and also speak about the two children Josephine and Monisha, who were born to them. They also stated that there was misunderstanding between the couple and that on the previous day, namely 29.10.2002, the accused seems to have fought with his wife in connection with an affair he was alleged to be having with one Devi. Johnson, the brother of Sheeba was examined as P.W.3 and in his evidence he has stated that he went to his sister's house on 29.10.2002 around 7.30 in the evening and at that time the accused seems to have scolded Sheeba saying "Why are you alive? Go and die." When P.W.3 enquired with his sister Sheeba, she seems to have told him that the accused wants to marry one Devi and hence the rift. In the cross examination, he admitted that he does not know who Devi is and that he had not even told his father [P.W.1] about this incident. In his cross examination, he has stated that it was he who had taken the letter [Ex.P2] supposed to have been written by Josephine and gave to the police.