R.PANDI @ PANDIAN Vs. STATE

JUDGEMENT

(1.) Section 302 IPC To undergo Life Imprisonment with fine of Rs.1,000/- in default to pay fine to undergo Simple Imprisonment for one year. Aggrieved by the order of the learned Sessions Judge, Mahila Fast Track Court, Dindigul, the Appellant has preferred the present Criminal Appeal before this Court. During pendency of the appeal, this Court, by its order dated 04.10.2017, had suspended the substantive sentence of imprisonment and thereby, the Appellant is on bail now.

(2.) The case of the prosecution in nutshell was that the Appellant / accused and the deceased Ramathilaka are husband and wife and were blessed with two children. It was alleged by P.W.1, who is the father of the deceased that one day prior to the death of her daughter, the deceased called him over phone and stated that she was not prepared to live with her husband, pursuant to his continuous torture and cruelty, which forced P.W.1 to come to the matrimonial house of his daughter and after extending advice to his son-in-law, he fell asleep.

(3.) It was further alleged that on the fateful day, viz., 03.08.2009 at about 04.00 a.m., after hearing the screaming sound of the deceased, he came out of his house along with his wife and noticed that the accused / his son-in-law, after attacking her daughter / deceased on her head with Aruval, ran away from the scene of occurrence. It was stated that the accused had developed an illegal intimacy with one Mariammal and when it was questioned by the deceased, the accused had committed murder of the deceased. The deceased, after revealing the truth that her husband had attacked her with Aruval, had succumbed to death and all the neighbours rushed to the scene of occurrence on account of the huge noise raised by P.W.1. Thereafter, P.W.1 went to Sempatti Police Station and gave a complaint to the Sub Inspector of Police (P.W.9) on 03.08.2009 at about 6.30 a.m. Based on the complaint received from P.W.1, an FIR was registered (Ex.P.6) under Section 302 IPC.