- (1.) The Criminal Appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, by the appellant / A1 against the judgment of conviction, dated 02.02.2011 made in S.C.No.159 of 2009 on the file of the Additional District Sessions Judge, Fast Track Court No.I, Salem.
(2.) The appellant / A1 stands convicted and sentenced by the learned Judge thus:- JUDGEMENT_100_LAWS(MAD)11_2015.html All the sentences were ordered to run concurrently.
(3.) The case of the prosecution, in a nut shell, is as follows:- P.W.1 - Devi is the wife of the deceased, viz., Sakthivel. She married the deceased about 9 years prior to the year 2010. Her husband/the deceased was employed as a welder in Thirumurugan Lathe Works at Bhavani Mettur Road. Subsequently, for the purpose of earning higher income, he shifted his job to Nasira Lathe Works at Erode. P.W.1 used to ventilate the sufferings undergone by her at the hands to her husband, who was addicted to alcohol. The appellant herein/A-1, in order to marry P.W.1, decided to do away with the life of the deceased Sakthivel and, accordingly, he hatched a conspiracy with his friends, namely, A-2 and the juvenile accused, viz., Chinnaraj. In furtherance of the said conspiracy, on 30th August, 2008, at about 10.00 p.m., all the accused came to the house of the deceased Sakthivel and took him in a TVS-50 two-wheeler bearing Registration No.TN-33-B-9683 (M.O.8) and after making him to consume alcohol, in an intoxicated condition, took him to the banks of the River Sarabanka. The juvenile accused, viz., Chinnaraj, caught hold of the legs of the deceased and A-2, by using the hand glove (M.O.6), smothered his mouth and the appellant/A-1, by using M.O.9 - rose colour nylon rope, strangled the deceased and as a result of the strangulation, the deceased died of asphyxia and shock on the spot itself.;