A. KAVITHA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.85 of 2011 on the file of the learned Principal Sessions Judge, Namakkal. She stood charged for offence under Sec. 302 of IPC. The trial court, by judgment dated 22.11.2016 convicted her for offence under Sec. 302 of Penal Code and sentenced her to undergo imprisonment for life and to pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for one year. Challenging the above said conviction and sentence, she is before this court with the present criminal appeal.

(2.) The case of the prosecution in brief is as follows:- The accused is the wife of the deceased Mr. Alagarsamy. The marriage between the accused and the deceased was celebrated 15 years before the occurrence and through the said wedlock, a male and a female children were born to them. For quite some time, the deceased had gone abroad on account of his job. A new house was constructed at A.S.Pettai in Namakkal. The deceased thereafter returned India and lived with the accused. Thereafter, there was a change in his attitude. He became a drunkard. He used to quarrel and manhandle the accused and her children frequently in drunken state. The accused fed up with the same. Therefore, she decided to away the deceased. This is stated to be the motive for the occurrence. It is alleged that in the night intervening 25.10.2010 and 26.10.2010 the accused was in the house and her son was suffering from fever on that date. She gave medicines to him and the child was thus sleeping under medication. The deceased came late to the house fully drunk and in an inebriated condition, he attacked the deceased. Then, he attacked his son also who was suffering from fever. The accused, however, managed to escape making the deceased to sleep. When the accused was so sleeping, it is alleged that the accused took out a grinding stone and dropped the same on the head of the deceased. The deceased died on the spot. It is alleged that then she informed the same to her father. Her father came to the house of the accused and after having seen the dead body, he took the accused to P.W.1, the Village Administrative Officer, at this office.

(3.) It is alleged that on 26.10.2010 at 06.00 a.m. the accused made a voluntary confession to P.W.1 in which she narrated the entire occurrence. P.W.1 reduced the same into writing (Ex.P.1). Then, he took the accused and produced her before the police along with Ex.P.1 and his special report (Ex.P.2).