M. PALANISAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him vide judgment dtd. 22/3/2018 in S.C.No.171 of 2016 on the file of the learned III Additional District and Sessions Judge, Coimbatore.

(2.) For the sake of convenience, the accused is hereinafter referred to as 'appellant'.

(3.) (i) It is the case of the prosecution that the appellant was married to the daughter of the deceased-PW2; that since the appellant and PW2 had matrimonial differences, PW2 stayed with the deceased and her motherPW1; that on 21/8/2016 at 12.00noon, the appellant along with his sister and brother-in-law came to the house of the deceased and requested PW2 to come along with them; that when PW2 refused, the appellant thought that it was the deceased, who prevented PW2 from going with him and stated that he would kill the deceased and thereafter, take PW2 with him; that on 22/8/2016 at 5.30 p.m., when the deceased and PW1, who were ragpickers, were picking up waste papers, the appellant abused the deceased and attacked the deceased; that when PW1 tried to prevent the appellant, the appellant pushed her and thereafter, stabbed the deceased above his right side stomach with a knife, as a result of which, the deceased died; that PW1 gave a complaint [Ex.P1] on the same day at about 8.00 p.m., which was registered by PW14, the Sub-Inspector of Police in Cr.No.790 of 2016 for the offence under Sec. 302 of the IPC. The printed copy of the FIR was marked as Ex.P14.