NAGENDRAMANI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE accused appeals.

(2.) THE appellant was tried before the learned Principal Sessions Judge, Vellore, on a charge of murder on the allegation that at 10. 30 a. m. on 19. 9. 93, he poured kerosene over his wife Jayasree Mary @ Ammu and set her ablaze, after tying her mouth with a towel. The learned trial Judge, finding the appellant guilty under Section 302 I. P. C. , sentenced him to imprisonment for life.

(3.) IT is the further case of the prosecution that the appellant was suspecting the fidelity of his wife and was having a suspicion that she was having illicit relationship with P. W. 8. He has also requested P. W. 3, who is the junior paternal uncle of the deceased, to advice the deceased not to have any relationship with P. W. 8 and that on 18. 9. 93, he complained to P. W. 3 and also made derogatory remarks about the conduct of P. W. 8. On 19. 9. 93, P. W. 3 was proceeding to the bus stop to board a bus for Sethuvalai. The appellant was seen in front of a shop. He invited P. W. 3 to go over to his house. P. W. 3 went along with the appellant. The deceased was in the house. The appellant informed P. W. 3 that he is not happy with the visits of P. W. 8 to his house. The deceased complained to P. W. 3 that the appellant is suspecting him and is abusing her all the time. The appellant getting annoyed at the complaint made by the deceased attempted to slap her, but P. W. 3 intervened and pacified him. He left the house of the deceased. But, after walking to some distance, he remembered that he left the slippers in the house of the appellant. Therefore, he returned to the house of the appellant, but found the door closed. He called the deceased, but no one came out of the house. He opened the door and found the deceased lying dead. On seeing this, he came out of the house and shouted. He proceeded to the house of P. W. 4 to inform P. W. 6 and her husband. On the way, he saw the appellant and told him that his wife is lying dead with burn injuries. Thereafter, P. W. 3 went to the house of P. W. 4 and informed P. W. 6 about the deceased lying dead in the house of the appellant with burn injuries. P. Ws. 3, 4, 6 and P. W. 6's husband proceeded to the house of the appellant and when they reached the house of the appellant, they saw him scaling over the wall and running away from the place.