Decided on November 08,2016

NATHIYA Appellant
State Rep. By Inspector Of Police,Bagayam Police Station, Vellore Respondents


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 properties.;

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