V DHARMALINGAM Vs. STATE

JUDGEMENT

(1.) THE sole accused Dharmalingam has come forward with this appeal challenging his conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Court, No.3, Dharapuram by the Judgment dated 20.04.2007 in S.C.No.1999/2006 convicting him for the offence under section 302 IPC and sentencing him to life imprisonment.

(2.) THE prosecution case in a nutshell is as follows:-

(3.) MR. S. Kalyanaraman, learned counsel for the appellant contended that the prosecution has not come forward with the clear and cogent evidence. It is contended that there are contradictions in material particulars between the evidence of the eyewitnesses, P.Ws.1 to 3. The learned counsel would further submit that P.Ws.1 to 3 are chance witnesses and their presence at the scene is highly doubtful as they admittedly came to the shop of P.W.2 and at that time claimed to have witnessed the occurrence. It is also contended that there are contradictions in respect of the recovery of M.O.1-Wooden log. The learned counsel for the appellant further contended that even assuming if not admitting that the accused attacked the deceased, his wife, he could not be attributed with the intention to cause her death as there are materials available on record to show that there were frequent quarrel between the accused and the deceased as the accused suspected her fidelity. It is also contended that the occurrence was preceded by the quarrel and the accused should have assaulted the deceased due to grave and sudden provocation.