RAMAIAH Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.98 of 2012 on the file of the learned District and Sessions Judge, Tiruvarur. He was charged for the offence under Sec. 302 IPC. By judgment, dated 05.09.2013, the trial court convicted and sentenced him to undergo Imprisonment for Life and to pay a fine of Rs.1,000.00, in default, to undergo Rigorous Imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:- The accused hails from Thiruvasal Village in Thiruvarur District. He was living in the said village with his wife, Mrs.Bommi. He has got his son, by name, Arul (P.W.1). Arul married one Mrs. Kousalya of Sooleswarapatti Village out of love for her. Out of the said wedlock, Mr.Arul and Mrs. Kousalya had a male child, by name, Santhosh and a female child, by name, Sandhiya. After the birth of Sandhiya, there arose a matrimonial dispute between Mrs.Kousalya and P.W.1 and Mrs.Kousalya (P.W.4) deserted P.W.1. Thereafter, the accused arranged for marriage between P.W.1 and one Mrs.Kannagi. After his second marriage, P.W.1 was living with his second wife, Mrs.Kannagi and two children born to the first wife. The accused and his wife Mrs.Bommi were also living with them under a common roof. After sometime, there arose a misunderstanding between P.W.1 and his second wife, Mrs.Kannagi and she went and stayed at her parental home. It came to light that she was not liking the children (Santhosh and Sandhiya). According to her, they were the hindrance for her smooth marital life with P.W.1.

(3.) On 25.01.2011, P.W.1 and the deceased had gone to the parental home of Kannagi and persuaded her parents to send her back to the house of P.W.1. Her father assured to send her on the next day. P.W.1 thus stayed back with his second wife at the house of her father. The accused alone returned to his house at Thiruvasal Village. His first wife, Bommi, had gone to hospital taking the male child, Santhosh. Thus, at the house, the deceased and the accused alone were there.