KANAGAVEL Vs. STATE

JUDGEMENT

(1.) (Appeal against the judgment dated 12.1.2007 made in S.C.No.437 of 2006 on the file of learned Principal Sessions Judge, Cuddalore.) The appellant is the first accused among two accused. The appellant was convicted for an offence under Section 302, IPC and sentenced to undergo life imprisonment for the offence under Section 302, IPC and to pay a fine of Rs.5,000/-, in default, one year rigorous imprisonment. The second accused was acquitted, on conclusion of the trial. No appeal against the acquittal of the second accused has been preferred by the State.

(2.) FOR the sake of convenience, the appellant is referred to as the first accused.

(3.) IT is the case of the prosecution that the deceased was a Pastor and running a prayer house. The second accused is the wife of the deceased. The first accused was also staying with the deceased to assist him. Under such circumstances, the second accused/wife of the deceased developed illicit intimacy with the first accused and on coming to know about the same, the deceased sent the second accused to his sister's place at Bangalore, from where the second accused instigated the first accused over phone to commit the murder of the deceased and accordingly, the first accused also committed the offence.