ABDUL KADAR ALIAS SAIT Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CRIMINAL Appeal filed under section 374(1) of Code of CRIMINAL Procedure to call for the records in connection with S.C.264/1999, on the file of the Principal Sessions Judge, Coimbatore and set-aside the Judgment and conviction imposed on the appellant/accused in S.C.264/1999 by the Principal Sessions Judge, Coimbatore vide Judgment dt.25.11.1999 and order to acquit the appellant/accused from all the charges leveled against him.) The appellant who is none other than the husband of the victim was convicted for offence under section 304 (i) of the Indian Penal Code, though he was originally charged under section 302 IPC and was sentenced to undergo 10 years rigorous imprisonment. As many as 13 witnesses were examined and 33 documents and 8 material objects were marked on the side of the prosecution. Neither oral nor documentary evidence was let in on the side of the defence.

(2.) THE trial court having completely scanned the evidence on record has come to an unassailable verdict that the appellant herein having been provoked by his wife as she chose to challenge the chastity of his mother attacked her having grabbed a crow bar lying over there on her head thrice and caused her death.

(3.) PER contra, the learned Government Advocate (criminal side) would vehemently submit that the eye witnesses have spoken to the fact that the accused grabbing the crow bar lying close by launched attack on the head not once but thrice and as a result of which the victim passed away. Therefore, he would submit that the accused should have had an intention to cause the death. The trial court has rightly convicted the accused under section 304(i) of IPC as the occurrence had taken place on account of the sudden provocation, he would further contend.