SELVAM PANDAL SELVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant/accused Selvam Pandal Selvam. stood charged (1) for allegedly committing cruelty to his wife Chitra (2) for instigating the said Chitra to commit suicide by consuming poison and (3) for murdering the said Chitrao under Sections 498 (1) 306 and 302 of I.P.C. respectively. He was tried by the learned Principal Sessions Judge Kanyakumari Division at Nagercoil who by judgment dated 18-8-1997 in S.C. No. 41 of 1997 convicted the accused under Sections 498 (A) and 302 I.P.C. and sentenced the accused to undergo three years rigorous imprisonment and death sentence respectively. The accused was acquitted of the offence under Section 306 I.P.C. The sentence of rigorous imprisonment under Section 498(A) was ordered to be merged with death sentence.

(2.) Learned Principal Sessions Judge. Nagercoil referred the matter for confirmation and it was numbered as R.T. No. 2 of 1998. Accused had preferred an appeal in C.A. No. 304 of 1998. Thus both the reference and the Criminal Appeal are before us.

(3.) The case of the prosecution in brief is as follows: