JOTHILINGAM DADAN Vs. STATE

JUDGEMENT

(1.) THE reference, R. T. No. 5 of 2007 is by the learned principal Sessions Judge, Vellore seeking confirmation of the death sentence, while the appeal, Crl. A. No. 821 of 2007 is by the sole accused in Sessions Case No. 77 of 2007. Both the reference and the criminal appeal are disposed of by this judgment.

(2.) THE prosecution case in brief is that the deceased-Damodaran initially married Tmt. Meenakshi, P. W. 2 and thereafter, married Tmt. Nachi, P. W. 1, who is none other than the sister of P. W. 2. Even during the course of matrimonial life, P. W. 1 developed illicit intimacy with the accused, who is the brother of the deceased. Just four months prior to the date of occurrence, P. W. 1 discontinued her illicit intimacy with the accused, as she wanted to live only with the deceased. As the accused insisted her to marry him, p. W. 1 refused. As the accused felt that P. W. 1 has refused to marry him only because of the subsisting marriage between herself and the deceased, he developed anger and decided to do away the deceased so as to marry P. W. 1.

(3.) WITH the above motive, on 9. 4. 2006 in the early morning at about 6. 00 a. m. , while the deceased and P. W. 1 were fast asleep, the accused entered into the house with a stone, M. O. 1 and threw the same crushing the head of the deceased, to which he succumbed. On seeing this, P. W. 1 shouted and P. Ws. 2, 3 and 4 came to the scene of occurrence. The accused ran away from that place and later on P. W. 1 along with her uncle went to Tirupattur Taluk Police Station at about 2. 00 p. m. , and lodged the complaint-Ex. P-1 to p. W. 12, the Inspector of Police, which was registered in crime No. 459 of 2006 for the offence under Section 302 IPC. The said First Information Report is Ex. P-18. He forwarded the express reports to the Court and to the higher officials.