LOGESH REDDI Vs. INSPECTOR OF POLICE MATHIRIGI POLICE

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 29.09.2006 in S.C.No.229 of 2003 on the file of the learned Principal Sessions Judge, Dharmapuri at Krishnagiri, convicting and sentencing the appellant herein, to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for two years for the offence punishable under Section 302 IPC.

(2.) THE charge against the accused is that on 20.1.2003 at about 10.30 am., in the wordy quarrel following his refusal to permit his wife to visit her parents, when the wife tried to take money from his shirt pocket, the accused with the intention to cause death of his wife and also with the knowledge of the same, attacked his wife Anitha with stick on her right eye-brow and head with the result, the wife Anitha died and thereby the accused committed an offence punishable under section 302 IPC.

(3.) THE learned counsel for the appellant submits that though the occurrence took place in the agricultural land of the accused, there was no direct witness to substantiate the case of the prosecution. THE case has been projected through circumstantial evidence and the alleged extra judicial confession given to P.W.1. THE extra judicial confession cannot be accepted since prima facie it appears the same has been concocted at the instruction of the Investigating Officer.