VADIVEL Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused before the learned Principal Sessions Judge Erode in S. C. No. 33 of 2004 and he was convicted under Section 302 I. P. C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 500/- in default of which to undergo Rigourous Imprisonment for six months by the Judgment dated 01. 04. 2004.

(2.) THE case of the prosecution is that the accused is the cousin brother of one Thenmozhi who was married to the deceased Murugan as third wife and the accused was threatening the deceased Murugan to live with his cousin sister Thenmozhi as they were living separately on some misunderstanding and the accused had gone to the extent of threatening the deceased Murugan that Aruval will speak if he has not lived with the said Thenmozhi and the same was conveyed to Murugan by his step mother P. W. 1.

(3.) ON 02. 02. 2003 at about 9. 00 p. m. , at Kodumudi, the deceased Murugan was followed by the accused from Mariamman Temple to the Cauvery River Bank and there, the accused cut Murugan with Aruval on the right sid of his neck and on such injury, the death of Murugan was caused and the accused flew away from the scene of occurrence.