MUNUSWAMY ALIAS ABBAIYA Vs. STATE

JUDGEMENT

(1.) THE appellant was tried in S.C.No.16 of 2004 on the file of the learned Principal Sessions Judge, Dharmapuri District at Krishnagiri and by the judgment dated 6.11.2006, he was found guilty of the offence punishable under Section 302 IPC, for having murdered his wife by using hammer and billhook, pursuant to a wordy quarrel ensued between them, and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/=, in default, to undergo rigourous imprisonment for two years. Challenging the said conviction and sentence, the present appeal has been preferred.

(2.) THE deceased is nonetheless the wife of the appellant/accused. THE foundation for the prosecution was laid by P.W.2, based on whose statement given under Ex.P.1, and the complaint Ex.P.3, lodged by P.W.3, the Village Administrative Officer of Uddhanapalli, the FIR in Crime No:583 of 1998 came to be registered on 29.9.1998 at 4.00 p.m., by P.W.11, Sub Inspector of Police, Kalamangalam Police Station, the respondent herein, for the offence punishable under Section 302 IPC.

(3.) AFTER filing of the final report, the case was committed to the Court of Sessions, which was taken up in Sessions Case No: 16 of 2004 by the learned Principal Sessions Judge, Dharmapuri District at Krishnagiri and charge was framed by the learned Sessions Judge against the accused, for which the accused denied his complicity with the crime and therefore the trial of the case was taken up. In order to substantiate its case before the Sessions court, the prosecution examined P.Ws.1 to 12 and marked Exs.P.1 to P.15 and also produced M.Os.1 to 11. On conclusion of the examination of the prosecution witnesses as referred to above, when the accused was questioned under Section 313 of the Criminal Procedure Code with regard to the incriminating materials appearing against him in the evidence of the prosecution witnesses, he denied each and every incriminating material as false and pleaded not guilty. However, no witness was examined and no document was marked on the side of the defence.