RABIC KADAR Vs. STATE

JUDGEMENT

(1.) Challenge in this criminal appeal is to the conviction and sentence dated 16-12-2006 passed in Sessions Case No.154 of 2006 by the Additional District and Sessions Court/ Fast Track Court - I, Erode.

(2.) The schema of the case of the prosecution is that the accused is the husband of the deceased, by name Fathima Fairoz. On 18-10-2005, a person, who lent money has come to the house of the accused and directed the said Fathima Fairoz to execute a document, and due to that a tussle has arisen in between the accused and deceased. The accused has attacked the said Fathima Fairoz in the presence of children and due to overtact of the accused, the said Fathima Fairoz has committed suicide. After occurrence, the mother of the deceased, by name Mehabbunisa (P.W.1) has given a complaint and the same has been registered in Crime No.1380 of 2005 and marked as Ex-P1.

(3.) On receipt of Ex-P1, the investigating officer, viz., P.W.10 has conducted investigation, examined connected witnesses and also made arrangements to conduct autopsy and accordingly, the Doctor by name, M. Loganathan, P.W.6, has conducted post-mortem and he found the following external and internal injuries: