KANDASAMI MUDALI Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred against the conviction and sentence by tile learned Sessions Judge of Coimbatore Division in Sessions Case No. 91 of 1959.

(2.) THE accused aged about 22 at the time of the trial, married P. W. 2 Suppayal in 1956 or 1957. P. W. 2 continued to live with her father in Perunthalayur on account of the fact that the accused was a peripatetic cook. The accused was employed in Gobichettipalayam as a cook under D. W. 1 and used to visit his wife off and on.

(3.) ON Monday (30-3-1959) the accused visited his wife and remained in his father-in-law's house in the night. On the morning of Tuesday (31-3-1959) his father-in-law went out for work. The accused, P. W. 2, her younger sister Kannal (P. W. 11) and the deceased female child aged about seven months were in the house. The accused asked P. W. 2 to go with him and P. W. 2 replied that she would do so after her father returned. Then the accused asked P. W. 2 to prepare hot water. P. W. 2 therefore went out to fetch water from the river, two miles away, and P. W. 11 went out to play with her playmates. On P. W. 2 returning home, she found the accused and the child missing.