IN RE: ANTONY CRUZ Vs. STATE

JUDGEMENT

(1.) THE appellant/accused Antony Cruz, stood charged for having committed the offence under S. 302 I.P.C. (two counts) and was tried by the learned Additional Sessions Judge -cum -Chief Judicial Magistrate, Vellore N.A. District in S.C. No. 22 of 1996, who by judgment dated 2 -5 - 1997 convicted the accused under S. 302 I.P.C. imposing sentence of imprisonment for life for causing the murder of his wife Pachaiyammal and imposing sentence of death for committing the murder of his mother -in -law Muniamma. Both the sentences to run concurrently.

(2.) A Reference has been made by the Court of Session under S. 366 of the Code of Criminal Procedure for confirmation. It is numbered as R.T. No. 5 of 1997. Against the conviction and sentence imposed, the appellant herein has also preferred Criminal Appeal No. 965 of 1997. Thus, both the Reference and the Criminal Appeal are before us for hearing.

(3.) IT is alleged P.W. 1 Mam @ Ravi was the brother's son of Muniamma, and her daughter was Pachaiyammal. Pachaiyammal's husband is Antony Cruz. They were residing in a rented house, near the house of P.W. 1. Accused was residing at Udayendram, his native place. Pachaiyammal and accused were having one daughter and three sons. Accused, later, shifted his residence to Buddar Nagar. Pachaiyammal was working at a leather factory. There one Subramani was also working as a collie and they developed an illicit intimacy which fact is known to Antony Cruz. Several problems arose in the family due to this and there is often quarrel and at that time Antony Cruz used to go to his mother's house at Udayendram, and P.W. 1 used to sleep in the house of Antony Cruz so as to guard them. Often there is a quarrel in the family. Prior to two years also, a Panchayat was sorted out by headman of the Panchayat and he settled a compromise between them. Thereafter again there is a quarrel. Antony Cruz went to his mother's place and in that time, Subramani regularly visiting the house of the accused and performed the marriage of Antony Cruz's daughter with one of his relatives, on his own money. On account of that, enmity developed both on account of illicit intimacy and on account of the marriage of his daughter. About 15 days prior, he again quarreled and he told that he would either kill her or Subramani.