N PRASAD Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional District and Sessions Division, Fast Track Court No.2, Chennai made in S.C.No.9 of 2005, whereby the sole accused/appellant stood charged under Section 302 IPC, tried, found guilty as per the charge and awarded life imprisonment and to pay a fine of Rs.1000/-, in default to undergo 3 months S.I.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus:

(3.) ADDED further the learned counsel that the confession statement and the recovery of M.O.1, the cricket bat were all cooked up affairs in order to suit the prosecution case. Thus, the prosecution has miserably failed to prove the factual position. ADDED further the learned counsel that even if the prosecution has proved the factual position that it was the accused who attacked his wife with the cricket bat and caused her death, the act of the accused would not attract the penal provision of the murder. Even according to P.W.1, there was a wordy quarrel at the time of occurrence and on being provoked by the words uttered by his wife, the accused took the cricket bat, which was lying aside and also attacked her. Thus, it was neither intentional nor premeditated, but it was due to sudden quarrel and provocation and hence this legal position has got to be considered by this court.