PERIYASAMY Vs. STATE

JUDGEMENT

(1.) The criminal appeal has been preferred against the conviction and sentence imposed by Judgment, dated 27.07.2012 made in S.C. No. 88 of 2011 on the file of the Principal Sessions Judge, Namakkal.

(2.) It is seen that the appellant is the sole accused and he was convicted under Sec. 302 IPC and sentenced to undergo life imprisonment and also imposed a fine of Rs. 10,000/ - and in default to undergo Imprisonment for one year; under Sec. 324 IPC (2 counts) and sentenced to undergo Imprisonment for one year for each count and also imposed a fine of Rs. 5,000/ - for each count and in default to undergo Imprisonment for a period of 6 months for each count.

(3.) As per the prosecution case, the accused is the elder son of witness Palanichamy (PW1), the de facto complainant and Pavazhakodi (since deceased) and also the husband of witness Shanthi (PW2). On 09.12.2010 at about 7.00 p.m, when witness Palanichamy and his wife Pavazhakodi (since deceased) were chatting with each other in front of their house, the accused who came to his house picked up a quarrel with his wife Shanthi, asking her what she had decided about shifting the residence. When, Shanthi refused to shift and wanted to reside at the same place, the accused developed enmity against her and went inside his house and came out with a koduval and decided to kill witness Shanthi. On the said circumstances and due to enmity, on 09.12.2010 at about 07.00 p.m, in front of the house of witness Palanichamy at Rasa Koil Street, Ramadoss Nagar, Nanjai Idayar with in Velur Police Station limits, the accused with intent to cause the death of witnesses Shanthi and Palanichamy, cut witness Shanthi with a koduval (sickle) on her neck by holding her tuft and pushing her down. Since Shanthi blocked and evaded, the accused voluntarily caused hurt on her right arm, left forearm and on the back of her head and when witness Palanichamy and Pavazhakodi (since deceased) intervened the accused cut witness Palanichamy with the same koduval on the back side of his head above the neck and on the left index and middle finger and the accused did the above acts with such intention and thereby the accused had committed an offence punishable under Sec. 307 IPC (2 counts). In the said incident and place and in the course of the same transaction, the accused with intent to cause the death of Pavazhakodi (since deceased) cut indiscriminately on the left hand, right hand, left cheek, right side neck and on the back of Pavazhakodi and as a result of which, the said Pavazhakodi died on 10.12.2010 at about 7.30 p.m, at Mohan Kumaramangalam Government Hospital at Salem, due to multiple cut injuries sustained and thereby the accused had committed an offence punishable under Sec. 302 IPC.