VINAYAGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE sole and the single accused/appellant was convicted by the Court of Sessions, Tuticorin, Chidambranar District, in S. C. No. 131/92 for the offence punishable under Section 302, I. P. C. and sentenced to undergo imprisonment for life. Aggrieved against the said conviction and sentence, the present appeal has been filed.

(2.) THE case of the prosecution is that P. W. 1 is the husband of the deceased. He and accused belonged to the same village, namely Vilathikulam. Both the accused and P. W. 1 are having punja lands on adjacent side. The accused was entertaining a doubt to the effect that his wife is in illegal intimacy with P. W. 1. On account of that the accused quarreled with P. W. 1 on several occasions. P. W. 1 has informed to his wife/deceased in this regard and she also stated to P. W. 1 that he need not bother about that. She further stated that the accused instead of controlling his wife unnecessarily quarreling with P. W. 1. On account of this, there was frequent quarrel between the deceased and the accused. P. W. 1 requested the deceased not to quarrel any more in this regard.

(3.) UNDER this background, the deceased, on the day of occurrence, i. e 21. 11. 1989, went to their punja land for the purpose of removing weeds. On the same day, at 8. 00 a. m, P. W. 1 after visiting other punja lands returned back to the punja land where the deceased was working. At the time, when he reached the land, he heard a poise of quarrel from that land. When he rushed to the place, he saw the accused and the deceased quarreling. The accused was armed with aruval. While so, the deceased started running towards the neighboring punja land, which is belonged to P. W. 5. The accused chased her and caught hold of the tuft of the deceased on his left hand and assaulted with aruval on her mouth, head and neck. P. W. 1, at that time, shouted at the accused by saying not to cut her. By the time the deceased fell down. Even thereafter, the accused lifted the petty coat and the saree of the deceased and delivered cut at the private part of the deceased. Thereafter, the accused ran away from the scene of occurrence. While running away he has also threatened P. W. 1 not to come near him, otherwise he will be assaulted. Therefore, P. W. 1 could not apprehend the accused. Thereafter, P. W. 1 went near the deceased and found her dead. P. W. 5, who is the neighboring land owner, has also witnessed the occurrence. P. W. 1 ran from the field towards the village, which is 2 km away and while reaching the village, P. W. 2 questioned him as to why he is running by making noise. P. W. 1 informed P. W. 2 about the occurrence and thereafter he fell down unconsciously. P. W. 2 helped him to regain conscious by sprinkling soda water on his face. P. W. 1 and P. W. 2, thereafter, went to the Villathikulam police station at about 4. 00 p. m. P. W. 1 has narrated the incident to the Head Constable.