LAWS(MAD)-2008-7-479

RAJA Vs. STATE OF TAMIL NADU

Decided On July 17, 2008
RAJA Appellant
V/S
STATE OF TAMIL NADU, Respondents

JUDGEMENT

(1.) THIS appeal arises out of the judgment of conviction and sentence dated 20.9.2006 passed in S.C.No.152 of 2005 on the file of Additional Sessions Judge and Fast Track Court, Dharmapuri, against the sole accused/appellant. By the said judgment, the appellant was convicted under Section 302 I.P.C. for having committed an offence of uxoricide and sentenced to imprisonment for life and also to pay a fine of Rs.1,000/- with a default sentence of three months rigorous imprisonment.

(2.) THE prosecution laid the charge sheet against the appellant alleging that on 30.7.2004 at about 11.30 a.m., due to the illicit relationship of his wife, Sivammal with another person, he caused her death by strangulating her neck with a nylon thali chain and thereby, committed an offence punishable under Section 302 I.P.C.

(3.) THE learned counsel for the appellant submits that as the case rests solely on circumstantial evidence, the circumstances brought forth by the prosecution are not consistent with the guilt of the accused and even if the entire facts are taken to be true, the offence would not fall within the ambit of Section 302 I.P.C. and that the accused has caused the death of the deceased on account of sustained provocation due to the deceased having illicit relationship with another person.