LAWS(MAD)-2017-2-229

MANIKANDAN Vs. STATE

Decided On February 20, 2017
MANIKANDAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Appeal is filed challenging the judgement of the Sessions Judge, Fast Track Mahila Court, Krishnagiri, in S.C. No.130 of 2015 dated 24.10.2016, convicting the sole accused of murder under Sec. 302 of Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 in default to suffer simple imprisonment for six months.

(2.) The case of the prosecution in brief is as follows: The accused was residing at Balaji Nagar, Savalur Koot Road, Kaveripattinam, Krishnagiri Taluk. He used to go to Ayothipattinam village for tiles laying work. The deceased in this case was one Mrs. Palaniammal. She was already married, but, got separated from her husband. She also came for the same work at Ayothipattinam where the accused was working. In due course, the accused expressed his desire to marry the deceased. After six months thereafter, the accused married the deceased at Karrukkanchavadi Murugan Temple in Kaveripattinam. Thereafter, the accused and the deceased were living together as husband and wife at Balaji Nagar.

(3.) The accused was owning a decorated ox [boom boom ox]. The accused is also a cultural artist who used to take boom boom cow around villages and perform the said art to earn his livelihood. The deceased also used to go with him for performing the said art, but, in due course, the accused came to know that the deceased was carrying illicit relationship with many men. Out of suspicion, the accused decided to do away with the deceased. After the illicit relationship came to the knowledge, the deceased refused to share bed with the accused. This further aggravated the motive for the accused to kill the deceased. On the night intervening 17.08.2015 and 18.08.2015, the accused and the deceased alone were in their house.