KUTTAYAN ALIAS NAMBI THEVAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred against the conviction and sentence by the learned Sessions Judge of Tirunelveli Dn. in S. C. No. 37 of 1958. The accused has been convicted and sentenced to imprisonment for life for the murder of his wife, the deceased Lakshmi.

(2.) THE deceased was the daughter of P. W. 7 and was married to the accused in Vaikasi 1957. The parties were related even before marriage. The accused is the nephew of P. W. 7, being his sister's son. This marriage had unfortunately not proved a success. The accused began to suspect the faithfulness of his wife. A month prior to the occurrence while the accused was an inpatient in the hospital, the deceased went to P. W. 2's house at about dusk time. P. W. 1 got information of it and took with her two other women and went to P. W. 2's house and there they saw P. W. 2 lying on a cot and the deceased sitting by his side and talking. P. W. 1 is a person known to both the accused and the deceased, being a resident of the same place. P. W. 2 is also a resident of the same place who knows both the accused and the deceased. P. W. 2 was suspected as the person with whom the deceased had an intrigue P. W. 1 protested and asked the deceased to leave the place. But the deceased refused. The accused after returning from the hospital, assaulted and cut P. W. 2 on account of the latter carrying on an intrigue with the deceased. There was a criminal case against the accused and P. W. 12. The accused' has been subsequently convicted by the Additional First Class Magistrate, Tirunelveli.

(3.) IN regard to what happened on the date of occurrence, 8-1-1958, we have got the account given by P. W. 12. On 7-1-1958, at about 121 noon the cutting of P. W. 2 took place. P. W. 1. 2 says that the accused took him saying that they should go and warn P. W. 2, who was carrying on an intrigue with his wife. P, W. 12 also says that when he prevented the accused from cutting P. W; E, he sustained an injury on his right thumb. They then went to Thekkukadu to avoid being arrested and came back to accused's house at about 10 p. m. and stayed there that night. The deceased was sleeping in a portion of the house. That night when this P. W. 12 woke up, he found the accused and his father missing. They came back at 2 a. m. To P, W. 12's enquiry about that absence, they gave no reply,