KUMARAVEL Vs. STATE

JUDGEMENT

(1.) TOTALLY two persons were tried in S. C. No. 29 of 2005 on the file of Additional Court of Sessions (Fast track Court) Dharmapuri under Sections 302 and 2011. P. C. A. 2 was acquitted by the learned Trial Judge for the charge under section 201 I. P. C. However A. 1 was convicted under Sections 302 and 201 I. P. C, for which he stands sentenced to undergo imprisonment for life together with a fine of rs. 1,000/- carrying a default sentence for the offence of murder and for causing disappearance of evidence of offence, he stands sentenced to undergo two years rigorous imprisonment with a fine of Rs. 1,000/- in default to undergo three months simple imprisonment. Therefore A. 1 alone is before this court in this appeal. The State has not challenged the acquittal of A. 2 till date.

(2.) A. 1 and A. 2 are the husband and mother-in-law of the deceased Valarmathi respectively. The charge against the accused is that on 25. 9. 2002 at about 9. 00 p. m. at the matrimonial home at Kottrapatti Kottai, a. 1, suspecting the fidelity of his wife valarmathi, cut her with M. O. 4 aruvamanai over the left side of her neck and caused her death instantaneously and thereafter, in order to cause disappearance of evidence of offence, both the accused placed the body of the deceased in a gunny bag, took it in a bicycle and placed it on the railway track nearby Chinthalpadi periapalam near thonganoor railway station, thereby A. 1 committed the offences punishable under sections 302 and 201, I. P. C. and A. 2 committed the offence punishable under secltion 201 I. P. C.

(3.) THE case of the prosecution, as discerned from the evidence of prosecution witnesses, is as follows.