MADESH Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Dharmapuri District, made in S.C.No,23 of 2008, whereby the single and sole accused stood charged, tried and found guilty under Section 302 I.P.C.and awarded the life imprisonment along with a fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment.

(2.) SHORT facts, necessary for the disposal of the appeal, can be stated thus:

(3.) FURTHER, as a second line of arguments, the learned counsel wold submit that even assuming that the prosecution has proved its case that it was the accused who poured the kerosene on the deceased and set her ablaze, P.Ws.1 and 2 have categorically stated that they used to have frequent quarrels and on the date of occurrence, Rs.100/- was actually missing and both the husband and wife were accusing each other and in that quarrel, within a short span of time, the occurrence took place and from the above, it is quite clear that the accused had no intention to kill her but it was only a consequence to the quarrel. Apart from that in the instant case, the accused having not tolerated the accusation made by his wife that he had taken away Rs.100/-, could have committed the act and though it was done with the knowledge, he had no intention and the trial court failed to appreciate the legal position and hence, he is entitled for an acquittal in the hands of the Court.