BEFORE THE MADURAI BENCH OF MADRAS Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been directed by the appellantaccused challenging the Judgment dated 26.09.2016 passed in S.C.No.166 of 2015 by the learned Principal Sessions Judge Trichirappalli convicting and sentencing him as follows:

(2.) The case of the prosecution in brief is that the appellantaccused ? Murugan and the deceased ? Kavitha are husband and wife and they have been blessed with three daughters and two sons. P.W.9 and P.W.10 namely Asaithambi and Karunanithi respectively are the brothers of the deceased Kavitha. After marriage the appellantaccused and the deceased were living happily only for two years and due to the misunderstandings quarrel ensued between them very often. About one year prior to the occurrence the deceased had quarreled with her husband namely appellantaccused and thereafter she went to her mother P.W.1's house and stayed there itself. On 02.12.2014 at about 12.00 noon when P.W.1 was sitting in a cot in her house at Samathuvapuram First Street Karumandapam and the deceased was preparing meals in kitchen the appellant accused came to the house of P.W.1 and asked P.W.1 about his wifedeceased and punched on the back of P.W.1 with his hands and pushed her down from the cot. Further by proclaiming that he will not leave that place without killing his wifedeceased and holding a knife in his hand the appellantaccused went inside the kitchen and stabbed his wifedeceased with the knife on her chest stomach and left side of the hip. When P.W.1mother of the deceased pulled the appellant accused by holding his shirt he pushed P.W.1 down and ran away with the knife.

(3.) On hearing the noise raised by P.W.1 the neighbours came to the place of occurrence. P.W.4-Padmavathy who is one of the neighbours had seen the appellantaccused running away from the house of P.W.1 with the blood stained knife (M.O.2). P.W.8-Soosaiammal @ Mary who is also a neighbour of P.W.1 heard the noise from the house of P.W.1 and seen the appellant accused getting away from the house of P.W.1 holding a blood stained knife (M.O.2) dripping with blood. Thereafter P.W.1 took her daughterdeceased with the help of others in the Auto of P.W.11-Malairaja to the Hospital and the Doctors who examined the deceased had declared that the deceased was brought dead.