MEGANATHAN Vs. STATE

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the convictions and sentences dated 25.6.2015 passed in Sessions Case No.58 of 2014 by the District and Sessions Court/Mahilar Neethimandram (Magalir Fast Track Court), Erode.

(2.) The case of the prosecution is that the deceased Kalamani is the wife of one Perumal. Both the deceased and accused by name Meganathan are having illicit intimacy for a period of 12 years and prior to 6 months from the date of occurrence, the deceased has abnegated the alleged relationship between her and accused and subsequently, she developed new illicit intimacy with one Gopal. Having enraged at the conduct of the deceased, with an intention to murder her, on 26.11.2013 at about 3 p.m, the accused directed the deceased to come to an Irrigation Channel, which situates near the graveyard in Gopichettipalayam and accordingly, the deceased has gone there. The accused has questioned the subsequent conduct of the deceased. Since the deceased has failed to concede the advice as well as demand of the accused, the accused has jugulated the deceased by using a towel and also stabbed her by using a knife and due to his overtacts, she passed away. After knowing the fact that she passed away, the accused has placed the dead body in water with a view to screen evidence.

(3.) After occurrence, the accused has voluntarily met the Village Administrative Officer by name Saravana Kumar (P.W.1) and given an extra-judicial confession and the same has been recorded by P.W.1. On the basis of alleged extra-judicial confession of the accused, P.W.1 has prepared a report and subsequently handed over to the concerned Sub Inspector of Police and a case has been registered in Crime No.906 of 2013. The extra-judicial confession alleged to have been given by the accused has been marked as Ex.P.1 and the complaint given by P.W.1 has been marked as Ex.P.2.