BABU Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court No.II, Coimbatore, made in S.C.No.208 of 2006 whereby the sole accused/appellant stood charged under Sec.302 of IPC, tried, found guilty as per the charge and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further the learned Counsel in the second line of his argument that even if the Court believes the case of the prosecution as to the factual position, the act of the accused would not attract the penal provision of murder; that in the instant case, it is quite evident from the testimony of P.W.10 that on the date of occurrence i.e., 18.8.2005, he went to the house of the accused, and while he was staying over there for a short while, the accused went outside to get milk and thereafter, tiffin, and he came back, and at that time, she embraced him suddenly and kissed him, and this was actually witnessed by the accused; that even from the evidence, it would be quite clear that he suspected her fidelity, and he also advised her not to continue the job, but she was very particular to continue the job; that on the date of occurrence, such a scene was actually witnessed by him, and naturally a husband would be provoked; that on the very day within a few hours, the occurrence has taken place; that in such circumstances, the act of the accused was due to the sudden provocation; that the same cannot be termed as murder, and this has got to be considered by the Court.