KOOLU KOTTAIYA PIIIAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In Sessions Case NO.3 of 1987 on the file of the Court of Sessions of Anna District at Dindigul, the appellant Koolu Kottaiya Pillai was tried and convicted for the offences sunder Sees. 302 and 324 IPC and sentenced to undergo imprisonment for life for the offence under section 302 I.P.C. and R.I. for six months for the offence under section 324 IPC and the sentences were directed to run concurrently on the allegation that on 19-3-1986, at about 3.30 p.m. at AV. Patty village, the appellant/husband stabbed his wife Lakshmi on the left flank and caused her death and while P.W. 1 Packiam intervened, the appellant caused injury on her right index finger and thereby liable to the punished under sections 302 and 324 IPC. To substantiate the above charges, the prosecution examined PW5. 1 to 12, filed Exs. P1 to P15 and marked M.Os. 1 to 8.

(2.) The short facts leading to the conviction could be summarised as follows: The deceased Lakshmi is the second wife of the appellant Koolu Kottaiya Pillai. P.W. 3 Sangupillai is the father of the deceased. He had two daughters first being one Meenakshi and the 2nd being the deceased Lakshmi. 22 years back, the said Meenakshi got married to the appellant. Since there was no issues, P.W. 3 Sangupillai gave her second daughter, the deceased in marriage with the appellant 7 years back. P.W. 1 Packiam, P.W. 2 Ramu Pillai, P.W. 3 Sangupillai and the appellant are closely related to each other. The appellant even before the marriage with the daughters of P.W. 3 was related to P.W. 3, he being the son of the sister of P.W. 3. Further P.W. 3 is the junior paternal uncle of P. W. 2 Ramu Pillai. P.W. 1 Packiam is the wife of P.W.2 Ramu Pillai. P.W. 1 to P.W. 3 belonged to the village A V. Patti and they are all residing in the adjacent streets in the same area of the village.

(3.) After the marriage, the appellant and the deceased Lakshmi were living together at the village called Poosaripatti near Vathalagundu. They were there for about 6 years. Out of their wed-lock, a child was born. But, unfortunately, the child died. When the deceased got conceived second time, P.W. 3 took her to his village A V. Patti in order to have a safe delivery. Though child was born, again unfortunately it died. After the death of the second child, the deceased Lakshmi did not opt to go to the house of the accused/appellant at Poosaripatti village. The appellant being a drunkard, used to get gold jewels and cash from the deceased and sell the jewels to incur his expenditure for drinking purpose. That was the reason why she decided not to go with the accused to his village. P.W. 3 also instructed her not to go with the accused.