KARUPPAIAH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order passed by the IV Additional Sessions Judge, Tirunelveli, in SC No.244/2018 dtd. 3/11/2018, convicting the appellant for offence under Sec. 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs.1,000.00, in default, to undergo one year rigorous imprisonment.

(2.) The case of the prosecution is that the deceased is the wife of the appellant and both of them were suffering from some health ailments. Prior to 15/8/2017, the deceased was facing serious health ailments and the appellant was not able to properly take care of the deceased since he also had health issues and he did not have any regular earnings. Hence, the appellant seems to have brooded over the fact as to who will take care of his wife after his demise. On 15/8/2017, the appellant was taken to the hospital at about 10.00 a.m. by P.W.1, who is the son of the appellant and he was brought back home. At about 1.00 p.m., the appellant is said to have pushed down the deceased and held her on the floor with his right knee and hacked the deceased with a billhook [M.O.1-], as a result of which, the head was almost severed and the deceased died on the spot. P.W.1, who is the son of the deceased, is said to have seen the occurrence and hence he gave a complaint [Ex.P1] to P.W.12 and an FIR in Crime No.163/2017 came to be registered at about 2.30 p.m. on 15/8/2017.

(3.) The investigation was initially taken up by P.W.13 and he proceeded with the investigation till preparation of the inquest report upon the dead body of the deceased. Thereafter the investigation was taken up by P.W.14 and he completed the investigation and laid the final report before the Judicial Magistrate, Sankarankoil. The copies were served on the accused person and thereafter the case was committed to the file of the Principal District and Sessions Court, Tirunelveli and the case was made over to the Court below.