SATHISHKUMAR Vs. STATE

JUDGEMENT

(1.) The appeal has been against the conviction and sentence passed in judgment dated 20.02.2007, by the learned Ist Additional District and Sessions Judge (Protection of Civil Rights) Thanjavur in Spl.S.C.No.48 of 2006.

(2.) The accused who has been found guilty in Special Sessions Case No.48 of 2006, for commission of offence U/s. 304(1) of I.P.C. to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- and in default to undergo rigorous imprisonment of 1 year, by judgment dated 20.02007, by the Ist Additional District and Sessions Judge (Protection of Civil Rights) Thanjavur, has filed the present appeal.

(3.) The deceased Durgadevi was the wife of the accused. They had married about 1+ years prior to the incident. It was a love marriage. The deceased belonged to Schedule Caste Community. They were living in Chennai. About 4 days before 20.09.2005, they came to the mother's house of the deceased. The accused suspected the fidelity of the deceased and warned her. On 20.09.2005 while the deceased was in her mother's house, at around 6.20 p.m. the accused entered the house and said "why are you cheating". The deceased said that she did not commit any mistake. The accused took a wire which was lying in the house and put it around the neck of the deceased and tried to strangulate her, the deceased removed the wire, and threw it. The accused then put the wire on the child witness, P.W.3's neck and tried to strangulate her. The deceased removed the wire from P.W.3's neck and threw it. At that time the accused took a knife and stabbed the deceased on her head, both eye lids and below the left ear, neck and left abdomen. She subsequently died.