LAKSHMI Vs. STATE

JUDGEMENT

(1.) AN uxorious wife who is said to have committed murder of her husband has challenged the conviction and sentence dated 28.03.2007 passed in Sessions Case No. 57 of 2006 by the Principal District and Sessions Court, Theni by way of filing the present Criminal Appeal.

(2.) THE conspectus of the case of the prosecution is that the accused by name Lakshmi is the third wife of the deceased by name Ganesan. The deceased has led a debaucherous life and very often he used to attack the accused. He has also used to send out the accused from house for having cornal copulation with some other ladies and prior to occurrence, the deceased has attacked the accused and due to that she sustained injury on her index finger. On 19.12.2003 at about 1.00 am, in sozzle mood, the deceased has attacked the accused and also tried to throw away Ajith kumar (son of both deceased and accused) from upstairs. Further the deceased has stated that prior to dawn, he would kill father, mother and brother of the accused and having enraged at the conduct of the deceased, on 20.12.2003 at about 06.30 am, the accused has attacked the deceased by using a boulder and due to her attack, the deceased has passed away. After occurrence, the accused has gone to office of the de facto complainant viz., Village Administrative Officer and given a voluntary confession statement and after recording the same, PW1 has gone to Andipatti police station and handed over both the accused as well confession statement given by her. The Sub Inspector of Police (PW12) attached to Anditpatti Police Station has registered the confession statement alleged to have been given by the accused in Crime No. 392 of 2003. The confession statement alleged to have been given by the accused has been marked as Ex.P2.

(3.) THE post -mortem report has been marked as Ex.P5. After completing investigation, PW15 has laid a final report on the file of the Judicial Magistrate Court, Andipatti and the same has been taken on file in PRC No. 14 of 2004.