P. VELUKANIYAN Vs. STATE

JUDGEMENT

(1.) The sole accused, aggrieved by the judgment of the learned Principal Sessions Judge, Thoothukudi dated 27.08.2013, made in S.C. No. 201/2012 convicting him for an offence under Section 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs. 500/-, in default, to undergo three months rigorous imprisonment, has preferred the present criminal appeal before this Court.

(2.) The case of the prosecution is that the appellant and the deceased are husband and wife and the appellant used to quarrel with the deceased frequently by demanding money from her for drinking liquor. On 01.02.2011, at about 2.00 p.m., he demanded a sum of Rs. 100/- from the deceased to purchase liquor and when she refused to pay the money, he poured a pot of water over her head and therefore, the deceased came running out of the house. The appellant followed her and by uttering that if she refuses to pay him money for drinking liquor, then, she is not fit to be alive and saying so, he is said to have attacked the deceased with iron rod (M.O.-1) on her head, mouth, chin, chest and left leg and thereby committed the murder of the deceased.

(3.) The daughter of the deceased (P.W.-1), who was examined as eyewitness in this case, had taken the deceased to the hospital at Tirunelveli in an Ambulance with the help of P.W.-2., who is the sister of the deceased and another and the deceased was declared to be brought dead. The police reached the hospital and the Sub Inspector of Police (P.W.-7) recorded the statement from P.W.-1 (Ex. P-1) and she returned back to the police station at about 8.00 p.m. and registered an FIR in Crime No. 24/2011 for an offence under Section 302 IPC. She prepared an express FIR and had sent it through Head Constable (P.W.-9) and it reached the Judicial Magistrate, Srivaikundam, at about 12 midnight.