MUTHUPANDI Vs. STATE

JUDGEMENT

(1.) The appellant is the 1st Accused in S.C.No. 303 of 2011 on the file of the learned Principal Sessions Judge, Coimbatore Division. The 2nd Accused was one Singam. A1 stood charged for offence under Sec. 302 of Penal Code and A2 stood charged for offence under Sec. 302 r/w 34 of IPC. The trial court, by judgment, dated 17.12.2012, acquitted A2, but, however, convicted A1 for offence under Sec. 302 of Penal Code and sentenced him to undergo imprisonment for life [no fine was imposed]. Challenging the above said conviction and sentence, A1 is, now, before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mrs. Sudha @ Sudharani. She was the first wife of A1, the appellant herein. He has a second wife by name Mrs. Sumathi. A1 along with the deceased and Mrs. Sumathi was residing at No.2, Sumaithangi Thottam, Kurinchi Housing Unit, Phase-II, SIDCO, Coimbatore, for some time. The deceased had no issue. P.W.1 was his neighbour. P.W.1's wife had already died. When A1 was residing in Coimbatore along with the deceased and his second wife, he had suspicion over the fidelity of the deceased. Therefore, he shifted the family to Kodaikanal and started living there with the deceased and his second wife-Mrs. Sumathi.

(3.) On 10.06.2011, the deceased-Sudha had come to Sumaithangi Thottam to the house of P.W.1. P.W.1 enquired her as to why she had come from Kodaikanal. According to the case, she told that suspecting her fidelity, the accused was often beating her and he was also trying to snatch away her 7 sovereigns of gold chain. Therefore, she had returned to Sumaithangi Thottam. But, according to P.W.1, when he enquired, she told that since the cold weather in Kodaikanal was not bearable, she had come to Coimbatore to settle for some time. Thus, from 10.06.2011 onwards, the deceased was staying at the house of P.W.1.