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2001 Supreme(Mad) 1079

M.KARPAGAVINAYAGAM, PRABHA SRIDEVAN
Ponnusamy – Appellant
Versus
State by Inspector of Police(L & O) B. 6 Peelamedu Police Station Coimbatore – Respondent


Appearing Advocates: For the Appellant :N. Manoharan, Advocate. For the Respondent: S. Jayakumar, Additional Public Prosecutor.

Judgment :-

(Appeal against the judgment dated 28.1.1994 made in S.C.No.141 of 1993 on the file of the Principal Sessions Judge, Coimbatore.)

M. Karpagavinayagarm, J.

On 4.8.1992 at about 2.00 am Ponnusamy, the appellant herein administered poison to his wife Rajammal by providing Oleander seeds mixed with halwa, as a result of which the deceased Rajammal died at 9.30 am at the General Hospital, Coimbatore. In respect of this accusation, the appellant was tried for the offence under Section 302 I. P.C and convicted thereunder. Challenging the same, the present appeal has been filed.

2) The necessary facts leading to the filing of this appeal are summarized as follows:

a) Eleven months prior to the date of occurrence, the marriage between Rajammal, the deceased and Ponnusami, the accused was held. The accused was working as a watchman in P.S.G.V textiles at Narasimanaicken Palayam. At the time of marriage, 3 sovereigns of gold jewels were given by P.W.6, the mother of the deceased. Some months later, when PW6 came to visit the house of the accused, she found that those jewels were missing. When enquired about this, the deceased told her that on the request of her husband, she handed o























































































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