MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ACCUSED, who was convicted for the offence under section 302 IPC and sentenced to undergo life imprisonment together with fine of Rs. 2000/= with default clause, prefers the present appeal.

(2.) THE charge as against the appellant is that the accused Murugan, who used to pick up quarrel with his wife perumal, having suspected her fidelity, attacked her with billhook at about 11. 30 am on 30. 12. 2003 at Venkatasamy gounder's field at Neelambur with an intention to cause her death and thereby committed an offence punishable under section 302 IPC.

(3.) THE case, in brief, of the prosecution, as unfolded by the witnesses examined on the side of prosecution, is as follows:-Velusamy, PW1 is the brother and Subban, PW5 is the father of the deceased Perumal. The deceased Perumal was married to the accused Murugan about twenty years prior to the occurrence. PW1 and PW5 have spoken to the fact that the accused, who was disinclined to do any job, suspected the fidelity of his wife Perumal and used to take liquor and beat her. Karupathal, PW6, a neighbour has stated that there was a quarrel in the morning at about 8. 00 am on the fateful day between the accused and the deceased on account of suspicion of fidelity entertained by the accused as against his wife Perumal. She has also stated that the accused went along with the deceased armed with aruval picking up quarrel with his wife. PW1 has deposed before the court that he also saw his sister going along with her husband, the accused herein for the purpose of collecting firewood. Thangaraj, PW2 is the ocular witness in this case. It is his version before the Trial Court that on 30. 12. 2003, at about 11. 00 am, when he was in his field, he found the accused going along with his wife picking up quarrel with her. The accused also found armed with a billhook. Within a short while, he heard the distressing noise from a woman and when he looked at the side from where the noise emanated, he found the accused delivering a cut on the neck of the deceased Perumal. Thereafter, he came down to the village and informed Velusamy, PW1 about the occurrence. Subburaj, PW8 saw the accused returning all alone with a blood stained shirt and a billhook in his hand at about 11. 30 am on 30. 12. 2003 when he was proceeding to neelambur from Reddiyapalayam.