SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.102 of 2013 on the file of IV Additional District and Sessions Judge, Coimbatore. He stood charged for offence under Sections 302 and 201 IPC. By judgment, dated 25.08.2015, the Trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for one year for the offence under Section 302 IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 201 IPC. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution, in brief, is as follows:

(3.) On 05.07.2012, the marriage of cousin of the deceased was to take place in Pappampatti village. On 02.07.2012, to attend the function relating to the said marriage at Pappampatti village, the deceased was getting ready. As a matter of fact, on the previous day, that was on 01.07.2012, the deceased had given Rs.5,000/- to the accused and wanted him to purchase a new saree for her to wear at the time of the function. But the accused did not purchase any such saree as desired by the deceased. Around 2.45 am on 02.07.2012, when the deceased was getting ready to go to Pappampatti village, she demanded back Rs.5,000/- from the accused. She further scolded the accused for his failure to purchase a saree for her. She abused him in obscene language. She then went to the extent of calling him as an impotent and unfit for marital life. It is further alleged that in the said quarrel, the deceased kicked the accused on his private part. Enraged over the same, it is alleged that the accused took a iron rod lying in the house and attacked the deceased on her head. The deceased died instantaneously. In order to make it appear that the deceased had been done to death by somebody, he created a scene as though the valuable properties such as jewels were stolen away by some robbers. He put the clothes from the bureau in disarray on the floor. He tied the deceased and put the body underneath the cot. He removed the Thali chain and other personal apparel of the deceased and put the same on the floor as though they had fallen in a struggle. Then, he gave a bravo that some robbers entered into the house attacked his wife, robbed the jewels and also attacked and tied him.