NATHIYA Vs. STATE REP. BY INSPECTOR OF POLICE,BAGAYAM POLICE STATION, VELLORE
SUPREME COURT OF INDIA
State Rep. By Inspector Of Police,Bagayam Police Station, Vellore
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AMITAVA ROY,J. -
(1.) The appellants being aggrieved by the affirmation of their conviction under Section 302 read with Section 34 IPC and the
sentence of life imprisonment and fine of Rs. 10000/-, in default R.I.
for further six months, by the High Court by its verdict dated
27.11.2008, seek this Court's panacean intervention for redress.
(2.) We have heard Mr. Jayant Muthur Raja, learned counsel for the appellant Nathiya, in Criminal Appeal No. 1015 of 2010, Mr.
P.R. Kovilan, learned counsel for the appellant Suresh, in Criminal
Appeal No. 1011 of 2010 and Mr. M. Yogesh Kanna, learned counsel
for the State.
(3.) The prosecution was set in motion by the First Information Report lodged on 27.3.2006 at 2.30 a.m. by one Gunasekaran, the
cousin brother of the deceased Gurunathan, the husband of the
appellant Nathiya (accused No. 1). The appellant Suresh (accused
No. 2 ) is allegedly the paramour of accused No. 1. It was averred
in the FIR that the deceased was a book binder by occupation and
owned some properties located in his village, worth several lakhs.
He also had his own house. The house of the appellant Suresh was
also situated nearby. It had been alleged that the appellant
Nathiya, the wife of the deceased had developed illicit relationship
with Suresh which was not only to the knowledge of the deceased
but also of the informant. The FIR discloses that this depraved
liaison between the accused persons had also been brought to the
notice of the local panchayat and that though, it had advised the
appellants against the continuation of such alliance, they did not
desist therefrom. Being appalled, though the deceased at some
point of time, had shifted to a rented house elsewhere but had to
return under financial compulsions to his original place of abode.
This, according to the FIR, facilitated the continuance of the
extra-marital relationship of Nathiya with Suresh. It was alleged in
the FIR that in retaliation to the persistent endeavours made by the
deceased to make Nathiya mend her ways, she used to torture him
and threaten that she would eliminate him and would sell his
properties and elope with her paramour. The informant claimed
that not only a few days prior to the incident, the deceased had
confided him that his wife had tried to suffocate him to death by
pressing a pillow on his face, on 26.3.2006, i.e. on the eve of the
incident as well, he had disclosed to him about a conspiracy
between the two accused persons to murder him and grab his
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