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2008 Supreme(Mad) 1238

P.D.DINAKARAN, R.REGUPATHI
Kutti @ Ramalingam – Appellant
Versus
State, rep. by Inspector of Police – Respondent


Advocates Appeared:
For the Appellant:R. Sankarasubbu, Advocate.
For the Respondent: N.R. Elango, Additional Public Prosecutor.

Judgment :-

P.D. Dinakaran, J.

The sole accused, who was tried in Sessions Case No.77 of 2004 on the file of learned Additional Sessions Judge, Dharmapuri, for uxoricide, was convicted by the impugned Judgment dated 12. 2005 under Section 302 I.P.C. and sentenced to imprisonment for life.

2. The charge against the appellant is that on 12. 2001 at 4.00 a.m. while Jaya, his wife, was sleeping in their residence at Kathirnaickenhalli village, within the jurisdiction of Krishnapuram police station, the appellant took an aruval and cut her neck and thus, caused her instantaneous death and thereby, committed an offence of murder punishable under Section 302 I.P.C.

3. The genesis of the prosecution case is the extra judicial confession, Ex.P.1, given by the accused to P.W.4, Village Administrative Officer, who, lodged a complaint, Ex.P.2, before P.W.10, Head Constable of Krishnapuram Police Station, and based on the said complaint, P.W.10 registered a case against the appellant/accused for an offence punishable under Section 302 I.P.C. and prepared Ex.P.15, printed F.I.R. and thereafter, investigation was taken up.

4. The background facts of the case, in a nutshell, as put forth by the pr
























































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