STATE OF TAMIL NADU Vs. GOVINDARAJ

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S. C. No. 6/2003 on the file of additional Sessions Court, Gobichettipa-layam (Fast Track Court No. II ).

(2.) THE appeal has been preferred by the State against the acquittal of the accused against the charge laid under Section 302 and 201 I. P. C.

(3.) THE short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows: on 16. 12. 2001 at 12. 00 midnight, the accused had compelled his wife chikkurangammal, to share the bed but, since she refused to share the bed with the accused and in that process had broken her earstud. On the said night when Chikkurangammal was sleeping in the kitchen, the accused took an aruval from the kitchen and attacked her with the back portion of the aruval on the neck and on her left eyebrow and strangulated her neck with hands causing asphyxia, resulting in her death. The accused for the purpose of screening the offence poured kerosene on the dead body of chikkurangammal, and set fire, thereby so as to appear that chikkurangammal died due to accidental stove burst. Hence, the accused has been charged under Section 302 i. P. C. and 201 I. P. C.