PERUMAL Vs. STATE

JUDGEMENT

(1.) THE appellant who is the husband of the deceased was convicted for an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/=, in default, to undergo 6 months R.I. Aggrieved against the conviction and sentence, the present appeal is preferred.

(2.) AS per the charge framed against the appellant, on 1.10.2002, at 6.30 pm., at Melavidangallur village, within the jurisdiction of the respondent police, the appellant, in pursuance of the quarrel, suspecting the fidelity of the wife, caused injuries on her head with a wooden log and caused the death of the deceased thereby committed an offence punishable under Section 302 IPC.

(3.) IT is the evidence of P.W.1 that subsequent to the marriage of his sister, the appellant developed intimacy with the deceased and she became pregnant and a Panchayat was convened and thereafter the marriage was performed between the appellant and the deceased 20 years ago. Four children were born to the appellant and the deceased. Initially, both the wives were living together and subsequently they got separated and the deceased and the appellant were living separately. Since the appellant was consuming alcohol frequently, and further since he suspected the fidelity of his wife, there were frequent quarrels between them and Panchayats were also conducted in that regard. On 1.10.2002, at 2.00 p.m., P.W.2 the son of the appellant informed P.W.1 that his parents were quarreling with each other and requested P.W.1 to come to his residence to resolve the same. Accordingly, at 5.00 pm., P.W.1 reached the residence of the appellant and at that time, they saw the appellant with the wooden log assaulting the deceased on her head and the deceased fell down and then the accused fled away from the scene. Thereafter, P.W.1 requested P.W.9 to bring a car to take the victim to the Government Hospital, Nagapattinam. Accordingly, P.W.10 brought a Car in which P.Ws.1,2 and the injured victim were taken to the Government Hospital. However, before they could reach the Hospital, the deceased succumbed to death. The dead body of the deceased was brought back to the residence of her mother at Melavenmani Village. P.W.1 thereafter went to the Police Station at 8.00 pm., and has given the complaint Ex.P.1.