STELLAMARY Vs. STATE

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C.No.12 of 2010 on the file of the learned Sessions Judge, Nagappattinam. She preferred this appeal against the conviction and sentence awarded to her.

(2.) In the trial Court, the learned trial Judge came to the conclusion that the appellant is guilty of the offence under Section 304(Part I) IPC and awarded sentence to undergo seven years Rigorous imprisonment with fine of Rs. 500/- i/d to undergo two years Rigorous imprisonment. Further, he awarded two years Rigorous imprisonment with fine of Rs. 200/- i/d to undergo further period of six months for the offence under Section 404 IPC.

(3.) The case of the prosecution is that prior to the occurrence, the deceased Selva @ Selvaraj, who served as a Priest of Roman Catholic Church at Muthupet, had intimacy with the accused who was the resident of Trichy. The deceased had continued his intimacy in calling the accused through her cell phone No. 94486646490. Due to such intimacy with the accused, on 05.10.2018, the deceased brought her to Velankanni and made arrangment for staying her in Room No. 53 in the Little Flower Pilgrims Quarters. During the said period, the deceased stayed in Room No. 36 of Priest Quarters, Velankanni. But on 05.10.2008, when the deceased stayed in room No. 53, the deceased made promise to marry the appellant and had sexual intercourse with her. But on the next day, the deceased refused to marry her. Thereby, the appellant got angry and had intention to murder the deceased for which she suddenly attacked on the Chest of the deceased. Due to the push made by the appellant, the deceased fell down and died with head injury. The appellant/accused immediately took two cell phones and cash of Rs. 350/- from the dead body of the said Priest Selva @ Selvaraj and fled away by locking the Room No. 53 of Little Flower Pilgrims Quarters, Velankanni.