S.NAGAMUTHU, N.SESHASAYEE
A. Kavitha – Appellant
Versus
State Rep. by The Inspector of Police, Namakkal Police Station, Namakkal District – Respondent
S. Nagamuthu, J.
The appellant is the sole accused in S.C.No.85 of 2011 on the file of the learned Principal Sessions Judge, Namakkal. She stood charged for offence under Section 302 of IPC. The trial court, by judgement dated 22.11.2016 convicted her for offence under Section 302 of IPC and sentenced her to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for one year. Challenging the above said conviction and sentence, she is before this court with the present criminal appeal.
2. The case of the prosecution in brief is as follows:- The accused is the wife of the deceased Mr. Alagarsamy. The marriage between the accused and the deceased was celebrated 15 years before the occurrence and through the said wedlock, a male and a female children were born to them. For quite some time, the deceased had gone abroad on account of his job. A new house was constructed at A.S. Pettai in Namakkal. The deceased thereafter returned India and lived with the accused. Thereafter, there was a change in his attitude. He became a drunkard. He used to quarrel and manhandle the accused and her children frequently in drunken state. The accuse
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