KUTTI ALIAS RAMALINGAM Vs. STATE

JUDGEMENT

(1.) THE sole accused, who was tried in Sessions Case No.77 of 2004 on the file of learned Additional Sessions Judge, Dharmapuri, for uxoricide, was convicted by the impugned Judgment dated 8.12.2005 under Section 302 I.P.C. and sentenced to imprisonment for life.

(2.) THE charge against the appellant is that on 7.12.2001 at 4.00 a.m. while Jaya, his wife, was sleeping in their residence at Kathirnaickenhalli village, within the jurisdiction of Krishnapuram police station, the appellant took an aruval and cut her neck and thus, caused her instantaneous death and thereby, committed an offence of murder punishable under Section 302 I.P.C.

(3.) MR.R.Sankarasubbu, learned counsel appearing for the appellant, assailing the impugned judgment, contends that there is no eye witness to the occurrence and that P.W.3, the daughter of the accused and the deceased, who was alleged to have seen the accused with the blood-stained aruval near the dead body of the deceased, and P.W.1, a neighbour to whom P.W.3 informed about the commission of offence by the accused, having turned hostile, the conviction of the accused cannot be based solely on the extra judicial confession, Ex.P.1, given by the accused to P.W.4, Village Administrative Officer, as it is a weak piece of evidence and hence, the appellant/accused is entitled for acquittal.