MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 16.3.2007 made in Sessions Case No.227 of 2006 on the file of the learned Principal Sessions Judge, Vellore, whereunder the appellant was convicted for the offence punishable under Section 302 I.P.C. and sentenced him to undergo imprisonment for life. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Hon'ble Court.

(2.) AS per the charge, the accused on 18.5.2006 at about 12 noons quarreled with the deceased/wife, gagged her mouth and forcibly pressed her neck and caused the death of the deceased, thereby committed an offence punishable under Section 302 I.P.C.

(3.) THE case of the prosecution is that the accused married the deceased as his second wife. THE first wife after delivery of a child left him and thereafter, the accused married the deceased as second wife. Till the delivery of a child by the deceased, the accused was living at the residence of the deceased and thereafter, started living in the joint family along with his brother. THEre was frequent quarrel between the accused and the deceased since the deceased objected to the illicit intimacy of the accused with the wife of his brother. On the occurrence day also, such quarrel ensued in which it is alleged that the accused caused the death of the deceased by throttling.