PALANISAMY Vs. STATE

JUDGEMENT

(1.) THE sole accused before the trial court in S.C. No. 140/87 on the file of the learned Principal Sessions Judge, Trichirappalli for the offence under Section 302 IPC who was found guilty and consequently convicted and sentenced to imprisonment for life by the impugned judgment dated 7.12.1987, is the Appellant, herein, challenging the correctness and legality of the same by filing this appeal.

(2.) THE deceased Padma is the wife of the Appellant/accused and her brother is P.W.1 residing in Kosamettu Street in West Chinthamani in Tiruchirappalli town. As his father died in harness while working as Assistant in the Revenue Department, the deceased was posted as a clerk on compassionate grounds in the District Collectorate at Trichy. In 1979, the marriage between the deceased Padma and the Appellant/accused was performed. At the time, the Appellant was working as a teacher in a Municipal School at Tiruchirappalli. Subsequent to the marriage, the brother of the deceased Padma was given the job and the deceased Padma was ousted. As a result of her losing the job, bickerings arose between the deceased Padma and the Appellant, leading to repeated quarrel by the Appellant with her. That apart, it is stated that the Appellant had insisted the deceased to bring money from P.W.1 and P.W.1, who was employed as a grade I Police Constable in Railway Police, was helping his sister to some extent. Then he educated his sister to become a pharmacist. In 1982, Padma joined as a Pharmacist in Government Hospital, Pudukottai. On getting transfer to Pudukkottai as a teacher, the Appellant/accused lived with his family there. Within two months thereafter, Padma was transferred to a nearby place called Ilupoor. However, she used to get Rs. 900/ - per month as salary. Though the Appellant had received the entire salary from his wife, it is stated, he refused to give any money to her. In this backdrop on 23.12.1982, P.W.1 Paulraj received a telegram stating that Padma was in a precarious condition. P.W.1 along with his brother and mother had been to Pudukkottai, where, they were informed that she had consumed sleeping tablets more in quantity but however got treatment in the hospital for two days and just then returned and if she happened to die, the money due to her from the Government service would be utilised to educate the brother of the Appellant. But however, having advised the Appellant, P.W.1 returned.

(3.) ON 23.11.1986 at about 7 p.m., the Appellant had been to the house of P.W.1 and insisted Padma to come and live along with him. However, Paulraj P.W.1 had advised him to arrange for a separate house, as the inmates of his house were ill -treating Padma, and to take the deceased. This was supported by P.W.5, his maternal uncle also. Therefore, the Appellant went away. In the meanwhile, the Appellant became suspicious of his wife's fidelity with one Santhanakrishnan, who was a co -worker with the deceased Padma at the Government Hospital at Ilupoor. This suspicion was based upon the fact that on a day at about 6 p.m. the Appellant happened to see the deceased Padma talking with P.W.7 near a Place Hotel at Pudukkottai.