ALAGAPPAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional Sessions Division cum Fast Track Court-II, Salem, made in S.C.No,345/2008 whereby the sole accused/appellant stood charged, tried and found guilty under section 302 I.P.C. and awarded life imprisonment along with fine of Rs.1000/-, in default to undergo six months rigorous imprisonment.

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

(3.) ADDED further learned counsel, as the second line of argument would submit that due to strained relationship, the accused and the deceased were living separately for a period of more than 30 years and thereafter, they constructed a house and were living together. The accused did not go for job for two weeks and he tried to sell the landed property and the deceased questioned the same and there was often quarrel between them regarding the same. Even on the date of occurrence, there was quarrel between them, pursuant to which the accused got provoked and due to sustained provocation, the accused would have acted so. Under such circumstances, if the Court comes to the conclusion that it was the accused who attacked the deceased with grinding stone and caused her death, the act of the accused would not attract the penal provision of murder but only culpable homicide not amounting to murder, in view of the sustained provocation he entertained. Under such circumstances, this fact has to be considered by this Court.