AZHAGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THERE are totally three accused in this case. The accused Azhagan alone faced the trial for an offence under Section 302 of the Indian Penal Code before the Principal sessions Court, Erode and received a verdict of conviction and was sentenced to undergo life imprisonment. The other two accused were found to be juveniles and therefore they have been sent to the Juvenile Court to face the trial.

(2.) THE charge is that on 10. 7. 2002 at about 8. 00 p. m. the appellant along with two other minor accused, with an intention to cause the death of Duraiyan, attacked him with billhook and caused his instantaneous death and thereby the appellant committed the offence punishable under Section 302 of the Indian penal Code. On the side of the prosecution, as many as seventeen witnesses were examined besides marking nineteen documents and twenty material objects. 2. The sum and substance of the prosecution case as reflected from the testimony of the prosecution witnesses is as follows:-The accused Azhagan lived with his wife perumayee at Bejility. The deceased Duraiyan lived with his family at Elachiampalayam. About six months prior to the occurrence, Perumayee had developed extra marital relationship with deceased Duraiyan. On account of such illicit relationship, frequent quarrels erupted in the family of the accused, as a result of which, perumayee used to go often to his parental house at Eppathampalayam.

(3.) MALLESAN - P. W. 1, Nagammal- P. W. 3, chikkannan - P. W. 4, Madhan @ Madhappan -P. W. 5 and Sadhasivam - P. W. 6 have spoken to the aforesaid extra marital relationship of perumayee with Duraiyan.