STATE Vs. SHANMUGAL PERUMAL

JUDGEMENT

(1.) THE appeal and the revision are directed against the judgment of acquittal passed in SC No. 121/02 by the Additional District Sessions Judge (Past Track Court IV) Bhavani dated 13.1.2003.

(2.) THE appeal has b een preferred by the State. THE Criminal Revision Case has been filed by P.W.1, the 'de factor' complainant against the said judgment.

(3.) DECEASED is the wife of P.W.1 Thirumalaisamy. They lived in the house situated at W.o.41, Royal Theatre road, Bhavani. They have a son and a daughter. Son is in foreign country whereas daughter Sudha namely P.W.5 is residing at Kumarepalayam in her matrimonial abode. P.W.1 is a businessman dealing in real estate. The accused is P.W.1 brother's son. P.W.1 and deceased used to go to the Murugan temple which is nearby every day. On 15.1.2002, as usual deceased went to Murugan temple and came back along with the accused. P.W.1 and the deceased requested the accused to have breakfast with them. He refused saying that he had to carry tiffin to his father and that he will return after some time for having breakfast.