NAGARAJAN Vs. STATE

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 8.3.2007 in S.C.No.78 of 2004 on the file of the learned Principal Sessions Judge, Villupuram, convicting and sentencing the appellant herein, to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 302, IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two months under Section 201 I.P.C.

(2.) THE charge against the appellant is that he, with an intention to commit the murder of his second wife Manimegalai, suspecting her fidelity, and his child Ezhilarasi, a five months old baby, on 11.9.2002 at 6.00 p.m. took both of them to tapioca field situated near Azhangal channel and assaulted Manimegalai with stick on her head, face, right leg and stomach and also stamped Ezhilarasi and caused their death and further, the accused, in order to cause disappearance of evidence of an offence of committing murder, buried the dead bodies in the tapioca field, which are punishable under Sections 302 (2 counts) and 201 I.P.C.

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