GOVINDAN Vs. STATE

JUDGEMENT

(1.) THE appellant was tried in S.C.No. 61 of 2004 on the file of the learned I-Additional Sessions Judge, Salem and was found guilty, convicted and sentenced to undergo imprisonment for life and also to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for six months for the offence under Section 302 IPC, and to undergo rigorous imprisonment for five years and also to pay a fine of Rs.250/- in default to undergo rigorous imprisonment for two months for the offence under Section 201 IPC, ordered to run concurrently. Hence the appellant is before this Court with the present appeal.

(2.) THE Inspector of Police, Jalakandapuram laid a charge sheet stating that on 18-19/10/2002 at about 1.00 a.m., at the house of the accused Govindan of Kottaimedu, Soorapalli Village, due to petty quarrel with his wife deceased Kannammal and also suspecting her fidelity, kicked her with his leg on her chest and face and also strangulated her neck with her Saree and caused fracture of hyoid bone and fracture of right side ribs and thereby the said Kannammal died of effects of multiple injuries and also caused the evidence of the commission of the said offence to disappear by digging a pit at the western side of the wall of his house and buried the dead body of his wife in the said pit and thus, committed the offence punishable under Section 302 and 201 IPC.

(3.) AFTER the conclusion of the prosecution evidence, the appellant was questioned under Section 313 Cr.P.C., with regard to the incriminating materials adduced by the prosecution against him, for which, the appellant denied complicity of the commission of the offence stating that he never lived with his wife Kannammal in the house where from her dead body was exhumed and he was not at all residing at Kottaimedu, the place of occurrence, during the relevant period as he was working in a quarry at Bangalore. Neither oral, nor documentary material has been produced on the side of the defence. The learned Sessions Judge after hearing the oral arguments of both sides, documentary evidence and material objects, convicted and sentenced the appellant as mentioned earlier. Aggrieved against the same, the present appeal is preferred.