AFSAL KHAN Vs. STATE

JUDGEMENT

(1.) THE appellant, sole accused, was convicted for having committed uxoricide and sentenced to imprisonment for life and a fine of Rs.2,000/- with a default sentence, by judgment dated 15.11.2005 in S.C.No.132 of 2005 on the file of Principal District and Sessions Judge, Coimbatore.

(2.) THE charge against the appellant is that on 11.10.2004 at about 2.15 p.m., due to aversion towards his wife, viz., Thahira Banu, on account of her continuous illicit relationship with one Mani @ Manikandan and for having filed a petition for divorce before Jamath, the appellant poured sulphuric acid on the body of his wife, when she was lying down in their residence and on account of that she succumbed to the burn injuries suffered on 14.11.2004 and thereby, committed an offence under Section 302 I.P.C.

(3.) MR.John Sathyan, learned counsel appearing for the appellant, contended that the dying declarations, Ex.P.1, and Ex.P.7 could not have been given by the deceased voluntarily and they must have been on account of tutoring by her mother, as evident from the evidence of D.W.1. However, alternatively, he argued for modification of conviction under lesser offence, since admittedly, the deceased developed intimacy with P.W.4, Manikandan, due to which there was no love-lost between the accused and the deceased and hence, in view of the sustained provocation given by the deceased, without any intention to cause her death, the appellant threw acid on her, which resulted in her death.