R.KARIKALAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.137 of 2011 on the file of the learned III Additional Sessions Judge, Poonamallee, Tiruvallur District. He stood charged for offence under Section 302 of IPC. By judgement dated 29.11.2012, the trial convicted the appellant/accused under Section 302 of IPC and sentenced him to under go imprisonment for life and to pay a fine of Rs.1,000/ - in default to undergo rigorous imprisonment for one year. Challenging the above said conviction and sentence, the sole accused is now before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows: - The appellant/accused is the husband of the deceased Mrs. Baby Shalini. The marriage between them was celebrated around ten years before the occurrence. They have three children. The deceased was working in a private concern. The accused was not doing any job. The accused had developed suspicion over the fidelity of the deceased. On account of the same, he used to beat the deceased. Four or Five months prior to the occurrence, unable to bear the torture meted out to her at the hands of the accused, she returned to her parental home at Ambattur. The deceased told her brother [P.W.1] that she could not bear with the torture and to live with the accused. For about one month, the deceased stayed with P.W.1 at Ambattur. Then, the accused came, talked to P.W.1 and assured that he would not thereafter suspect the fidelity of the deceased and he would keep her peacefully. He also suggested that P.W.1 could arrange for a rented house at Ambattur itself where he and the deceased along with children could live together. In terms of the said compromise talk, a rental house was fixed at Ambattur itself which is nearer to the house of P.W.1. In that rented house, the deceased and the accused lived together along with their children. For about one month, there was no further problem between the accused and the deceased. Thereafter , again , the accused started suspecting the fidelity of the deceased and continued to torture her.

(3.) On 26.02.2011 at about 07.00 p.m. the deceased came to the house of P.W.1 at Ambattur and informed him about the above torture. P.W.1 persuaded her and sent her back to the house of the accused.