SELVAN ALIAS SELVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant, the sole accused put on trial in S. C. No. 360 of 2004 on the file of the learned Principal Sessions Judge, Coimbatore, was found guilty, convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 302 IPC. The appeal is directed questioning the veracity of the said judgment.

(2.) THE prosecution case in brief is as follows:-The appellant and P. W. 4-Savithri are the husband and wife. The deceased-Raman @ Ramasamy, a resident of Annadasampalayam village, was working as Night Watchman at the field of one Marimuthu. P. W. 4-Savithri is closely related to the deceased. During rainy season, the deceased used to stay in the house of P. W. 4. Hence the appellant suspected the fidelity of his wife for having illicit intimacy with the deceased. Due to the above suspicion, there were wordy altercations between the appellant and P. W. 4. Just two days prior to the occurrence, the appellant scolded his wife-P. W. 4 for her illicit intimacy with the deceased. At about 6. 00 a. m. , on 30. 5. 2004, the appellant hit the deceased with the wooden handle of a spade on the backside of his head and back indiscriminately, to which he succumbed. The above act of the appellant was witnessed by P. Ws. 2 and 3.

(3.) P. W. 1, the son-in-law of the deceased, was informed and he lodged the complaint, Ex. P-1 at 12. 00 noon to P. W. 8, the Sub Inspector of Police attached to Sirumugai Police Station, which was registered in Cr. No. 179 of 2004 for the offence under Section 302 IPC. He forwarded the printed First Information Report, Ex. P-10 to the Judicial Magistrate, Mettupalayam and also the copies of the report to the superior officials.