IYAPPAN Vs. STATE

JUDGEMENT

(1.) THE Trial court had convicted and sentenced the accused to undergo imprisonment for life and also to pay a fine of Rs.2000/- in default to undergo rigorous imprisonment for three months.

(2.) THE case of the prosecution would the that the deceased Vijayalakshmi was the wife of the accused and the complainant Duraisamy is the cousin brother of the deceased. THE marriage of the deceased Vijayalakshmi and the accused had taken place on 11.04.2008 and while running the marital life, the accused developed illicit intimacy with one Vasanthi and on knowing the said affair, the deceased got angry and quarrelled with the accused and went to her parents house. Panchayat was convened and accordingly the father of the accused executed a promissory note for a sum of Rs.75,000/- towards the marriage expenses of the accused and deceased Vijayalakshmi. When the matter being so on 12.06.2008, when the accused and the said Vasanthi met together the accused promised her to live with her after ending the life of his wife Vijayalakshmi. For that purpose, the accused went to the house of Vijayalakshmi and made her to believe that he stopped all bad habits and connection with Vasanthi and the relatives of Vijayalakshmi had believed his words and left her at the house of the accused. On that day there was a pooja held by 10.00 p.m and thereafter, the said Vijayalakshmi was left with the accused in a bedroom and during that night the accused had compulsory sexual intercourse with his wife Vijayalakshmi and in continuation of the same and in order to execute his plan he had throttled her neck and caused her death on the same night by 01.00 a.m. On 21.06.2008, the accused came out of the house as if he had not committed any offence, and went away, pretending go for passing urine.

(3.) THE case of the prosecution as spoken by the witnesses of the prosecution would be as follows: