MURUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.343 of 2001 on the file of the First Additional Sessions Judge -cum- Chief Judicial Magistrate, Coimbatore.

(2.) ACCORDING to the prosecution, the appellant/accused one year prior to 03.07.2000 suspecting the fidelity of his wife Fathima, P.W.1, treated her cruelly and hence he was charged under Section 498(a) IPC and on 03.07.2002 at about 5.00 am due to oral altercation had assaulted P.W.1 with an ever-silver vessel and also with wooden instrument used for stirring, and hence he was charged under Section 324 IPC and on the same date at the same time with an intention to kill his 11 months old daughter Gayathri by holding her legs thrashed her on the floor causing instantaneous death and he has also been charged under Section 302 IPC.

(3.) P.W.1 is the wife of the accused, who is an injured eye witness to the occurrence. But she has not supported the case of the prosecution. Hence, she was treated as a hostile witness.