RAVI Vs. STATE

JUDGEMENT

(1.) CHALLENGING the Judgment of learned Principal Sessions Judge, Thanjavur dated 27. 10. 1999 in S. C. No. 92 of 1999, convicting the appellant / accused under Section 302 I. P. C and sentencing him to undergo life imprisonment; further convicting under Section 324 I. P. C and sentencing him to undergo one year R. I, the appellant / accused has preferred this appeal.

(2.) CASE of the prosecution in nutshell is as follows:-Deceased (Mala) is the wife of the appellant / accused ? Ravi. Kaliammal (P. W. 2) is none but the Mother of the appellant / accused. Karuppaiyah (P. W. 3) is a neighbour. The fateful occurrence had taken place at about 11. 00 a. m. , on 16. 10. 1998 in the field of the appellant / accused, lying in the north of Vathalai canal at Poolankollai village. Kaliammal (P. W. 2) was plugging weed on the eastern side of the field. On the southern ridge, the appellant / accused was working in his said field. P. W. 2 found deceased was going with food from the northern ridge and on crossing her, she went near the appellant / accused. Even before nearing him, the appellant / accused shouted as to why the deceased was late in taking food to him. The deceased was standing without any speech. Aggrieved over the same, the appellant / accused with a spade that he was using in the field, attacked her upon the right hand and left hand. She fell down. The appellant / accused had again cut her with spade upon her neck. In the meantime, P. W. 2 intervened and she was also assaulted by the appellant / accused, which P. W. 2 prevented and the attack fell on her left hand.

(3.) BEFORE the Trial Judge, 10 witnesses were examined, 16 Exhibits and 9 Material Objects were marked. The appellant / accused was made aware of the incriminating circumstance against him, who denied the same and pleaded not guilty. Learned Principal Sessions Judge, on assessment of oral and documentary evidence and the materials available on record, convicted the appellant / accused under Sections 302 and 324 I. P. C. and sentenced him to undergo life imprisonment as mentioned above.